Tulsi Ram vs Tulsi Ram And Ors
2022 Latest Caselaw 1275 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1080/2011

Tulsiram s/o Shri Heemaram, by caste Purohit, aged about 24 years, resident of Chaduaal, Tehsil & District Sirohi.

----Appellant Versus

1. Tulsiram Gurjar son of Shri Premlal, resident of Village/Post Darada Turki, Tehsil Peepalu, District Tonk.

(Driver of Truck No.Rj-14 GB 0351)

2. Bhagirath Yadav son of Shri Prabhatram Yadav, resident of Dhani Tiwari Wala, Manoharpur, Shahpura, Jaipur.

(Owner of Truck No.RJ-14 GB 0351)

3. Reliance General Insurance Company Limited, Reliance Center 19, Valchand Heerachand Marg, Balard East, Mumbai 400001.

(Insurance Co. of Truck No.RJ-14 GB 0351)

----Respondents

For Appellant(s) : Mr.Vijay Purohit, Adv. through VC For Respondent No.3- : Mr.Vishal Singhal, Adv. through VC Insurance Co.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 27/01/2022 This civil misc. appeal has been filed under Section 173 of

Motor Vehicles Act, 1988 by the appellant-claimant for

enhancement of the compensation awarded by the Judge, Motor

Accident Claims Tribunal, Sirohi vide judgment & award dt.

01.11.2010 passed in MAC Case No.175/2009. The learned

Tribunal has awarded a compensation to the tune of Rs.5,41,000/-

in favour of the claimant/appellant.

(2 of 2) [CMA-1080/2011]

Learned counsel for the appellant-claimant as well as learned

counsel for the respondent-Insurance company submit that in the

spirit of Lok Adalat, both the parties have agreed on payment of a

lump-sum amount of Rs.4,60,000/- in addition to the amount

already paid to the claimant-appellant. Therefore, it is prayed that

the judgment and award impugned may be modified accordingly.

In view of the submissions made by the parties, the civil

misc. appeal is partly allowed. The impugned judgment & award

dt. 01.11.2010 is modified to the extent that the respondent-

Insurance Company shall pay lump-sum amount of Rs.4,60,000/-

to the appellant/claimant in addition to the amount already paid to

the claimant, as agreed by them, within a period of two months

from today. If the aforesaid lump sum amount is not paid to the

claimant within the stipulated time, the respondent-Insurance

Company shall pay interest @ 6% per annum over the due

amount from the date of this order.

Record of the Tribunal be sent back immediately.

(MANOJ KUMAR GARG),J

c-4 NK/-

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