Rajasthan High Court - Jodhpur
Smt.Savita Devi And Ors vs Tulsi Ram And Ors on 27 January, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 74/2011
Reliance General Insurance Co. Ltd., Office Reliance Centre 19,
Bal Chand Hira Chand Marg Ballard East, Mumbai 400001
through Officer-Incharge
----Non-petitioner/Appellant
Versus
1. Smt. Savita Devi W/o Late Shri Bhanwar Lal, b/c Purohit
aged about 45 years, r/o Mandwariya, Tehsil & District
Sirohi.
2. Ashok S/o late Bhanwar Lal, b/c Purohit, r/o Mandwariya,
Tehsil & District Sirohi.
3. Ms. Sobha Kumari, d/o late Bhanwar Lal, b/c Purohit
(Minor) through Smt. Savita Devi her mother and natgural
guardian, r/o Mandwariya, Tehsil & District Sirohi.
(petitioners)
4. Tulsi Ram Gurjar S/o Shri Prem Lal, r/o V/P Darada Turki,
Tehsil Peeplu, District Tonk (Raj.).
5. Bhagirath Yadav s/o Shri Prabhat Ram Yadav, r/o Dhani
Tiwariwala, Manoharpur, Shahpura, Jaipur (Raj.)
(Non-petitioners)
----Respondents
and
S.B. Civil Misc. Appeal No.442/2011
1. Smt. Savita Devi W/o Late Shri Bhanwar Lal, aged about
47 years
2. Ashok S/o late Bhanwar Lal (Minor)
3. Ms. Sobha Kumari, d/o late Bhanwar Lal, aged 15 years
(minor). Both appellants No.2 & 3 are minor through their
natural guardian mother appellant No.1- Smt. Savita Devi.
All are by caste Purohit resident of Mandwariya, Tehsil &
District Sirohi.
Versus
1. Tulsi Ram Gurjar S/o Shri Prem Lal, r/o Village Post
Darada Turki, Tehsil Peeplu, District Tonk (Raj.).
(Driver of Truck No.RJ-14 GB 0351)
(2 of 3) [CMA-74/2011]
2. Bhagirath Yadav s/o Shri Prabhat Ram Yadav, resident of
Dhani Tiwariwala, Manoharpur, Shahpura, Jaipru (Raj.)
(Owner of Truck No.RJ-14 GB 0351)
3. Reliance General Insurance Company Limited, Reliance
Center 19, Valchand Heerachand Marg, Balard East,
Mumbai 400 001.
(Insurance Co. of Truck No.RJ-14 GB 0351)
----Respondents
For Appellant- Insurance : Mr.Vishal Singhal, Adv. through
Co. in CMA No.74/2011 & VC
respondent in CMA
No.442/2011
For Respondents-claimants : Mr.Vijay Purohit, Adv. through
in CMA No.74/2011 & VC
appellants in CMA
No.442/2011
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/01/2022
These civil misc. appeals have been filed under Section 173
of Motor Vehicles Act, 1988 by the Insurance Company and
claimants against the judgment & awarded dt. 01.11.2010 passed
by the Judge, Motor Accident Claims Tribunal, Sirohi in MAC Case
Nos.18/2009 whereby the Tribunal has awarded a compensation
to the tune of Rs.5,73,000/- in favour of the claimants.
Learned counsel for the Insurance Company as well as
learned counsel for the claimants submit that in the spirit of Lok
Adalat, both the parties have agreed on payment of a lump-sum
amount of Rs.1,00,000/- in addition to the amount already paid to
the claimants-. Therefore, it is prayed that the judgment and
award impugned may be modified accordingly.
(3 of 3) [CMA-74/2011]
In view of the submissions made by the parties, the civil
misc. appeals are disposed of. The impugned judgment & award
dt. 01.11.2010 is modified to the extent that the Insurance
Company shall pay lump-sum amount of Rs.1,00,000/- to the
claimants 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 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-2 & c-3 NK/-
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