Reshma Devi And Ors vs Kamal Kumar And Ors
2022 Latest Caselaw 36 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
             S.B. Civil Misc. Appeal No. 880/2013

1. Reshma Devi W/o Late Shri Padma Ram Nehra, by caste Jat,
     aged 40 years
2. Kamlesh Nehra S/o Late Shri Padma Ram Nehra, age 17
     years
3. Kanika Nehra D/o Late Shri Padma Ram Nehra, aged 10
     years
          (Appellants No.2 & 3 are minor through their natural
guardian mother Smt. Reshma Devi W/o Late Shri Padma Ram).
                                                                 ----AppellantS
                                     Versus
1.    Shri Kamal Kumar Chandel S/o Jeevan Ram                       Chandel by
caste Sainee, resident of E-34, Anandpuri, Adarsh nagar, Behind
Police Station Moti Dungari, Jaipur.
                                   (Driver of Vehicle No.RJ-14 CK 3950)
2.   Shri Sanjeev Sharma S/o Arun Kumar Sharma, by caste
Brahmin Resident of Plot No.E-55, Premnagar, Jhotawada,
Jaipur.
                                    (Owner of Vehicle No.RJ 14 CK 3950
                               through General Power Attorney Holder)
3. Rajendra Kumar Rastogi S/o Harkaran Das Rastogi, Resident
of Plot No.B-30 Govind Marg, Adarsh Nagar, Jaipur.
                                  (Owner of Vehicle No.RJ 14 CK 3950)
4. Divisional Manager Sh. Pawan Sharma through Future
General India Insurance Company Ltd. Branch Office, Jaipur.
              (Insurance Company of vehicle No. RJ-14 CK 3950)




                                                                 ----Respondent


For Appellant(s)           :    Mr.Anish Bhadala on behalf of
                                Mr.Rajesh Panwar, Adv.
For Respondent(s)          :    Mr.Vishal Singhal, Adv. for Insurance
                                Co.



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                 Judgment



                     (Downloaded on 03/01/2022 at 08:11:48 PM)
                                                                             (2 of 2)               [CMA-880/2013]

                                   03/01/2022

                                        The MACT, Parbatsar by its judgment and award dt.

                                   17.12.2012 passed in MAC Case No.79/2011 awarded a sum of

                                   Rs.36,75,400/- along with interest @ 6% per annum to the

                                   appellants-claimants jointly and severally.

                                        With the consent of the parties, the impugned award dt.

                                   17.12.2012 is further enhanced by Rs.4,75,000/- (lump-sum) in

                                   favour of the appellants-claimants. The amount so agreed shall be

                                   deposited by the respondent-Insurance Company with the Tribunal

                                   within a period of two months from today, failing which, the same

                                   shall carry interest @ 7.5% per annum from the date of this order

                                   till its actual realization. The award impugned dt. 17.12.2012

                                   passed by MACT, Parbatsar in Claim Case No.79/2011 is modified

                                   accordingly.

                                        In view of the above, the appeal is disposed of.

                                        Record of the Tribunal received, if any, be sent back

                                   immediately.



                                                                                  (MANOJ KUMAR GARG), J.

c/2 NK

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