Moti Lal Verma S/O Ramnath Verma vs Kunj Bihari S/O Bhojraj
2022 Latest Caselaw 658 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Review Petition No. 13/2021

                                        In

                S.B. Civil Misc. Appeal No. 7616/2011

1.     Moti Lal Verma S/o Ramnath Verma, Aged About 61
       Years,
2.     Smt Savitri Devi W/o Moti Lal Verma, Aged About 54
       Years,
3.     Dinesh Kumar Verma S/o Moti Lal Verma, Aged About 34
       Years,
       All R/o 5-G-17 Mahaveer Nagar, III Kota.
                                                     ----Claimants Petitioners
                                    Versus
1.     Kunj Bihari S/o Bhojraj, R/o Village Gidhani P.S. Dudu
       District Jaipur (Driver Of Vehicle Truck No. Rj-14-/2G-
       4581)
2.     Datar Singh S/o Man Singh, R/o 16 B Jawahar Nagar
       Kacchi Basti, Tiba No. 1 Jaipur (Owner Of Truck No. RJ-
       14/2G-4581)
3.     Oriental Insurance Company Limited, Jhalawar Road, Kota
       (Insurer Of Truck No. RJ-14/2G-4581)
4.     RSRTC Through Chief Manager, Jodhpur, (Owner Of
       Vehicle Bus No. RJ-19/1P-0510)
5.     National Insurance Company Limited, Jhalawar Road,
       Kota. (Insurer Of Vehicle Bus No. RJ-19/1P-0510)
                                                                 ----Respondents

For Petitioner(s) : Mr. L.L. Gupta, Advocate (through VC) For Respondent(s) : Mr. Rajpal Chaudhary, Advocate (through VC)

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

25/01/2022

(2 of 2) [CRW-13/2021]

This review petition has been filed by the petitioners

under Order 47 Rule 1 CPC readwith Sections 151 and 152 CPC for

review of the judgment dated 19.4.2021 passed by this Court in

S.B. Civil Misc. Appeal No. 7616/2011.

Learned counsel for the petitioners submits that the

learned Motor Accident Claims Tribunal, Kota (for short, 'the

Tribunal') while passing the impugned judgment dated 2.6.2011,

awarded interest @ 6% p.a. from the date of filing the claim

petition till the amount is recovered. This Court while disposing of

the appeal(s) vide its judgment dated 19.4.2021 enhanced the

amount of compensation to the tune of Rs. 8,90,000/-, but due to

typographical error, did not mention about the interest, although

the same should have been awarded @ 6% p.a. from the date of

filing of the claim petition.

Learned counsel for the Insurance Co. does not dispute

the same.

Taking into consideration the facts and circumstances of

the case and in view of the fact that interest @ 6% p.a. was

awarded by the Tribunal vide its judgment dated 2.6.2011, the

review petition is allowed and the claimants are also held entitled

to interest @ 6% p.a. on the enhanced amount of compensation

i.e. Rs. 8,90,000/- w.e.f. the date of filing the claim petition.

Rest part of the judgment dated 19.4.2021 shall remain

unchanged and this order shall be treated as an integral part of

the judgment dated 19.4.2021 passed by this Court.

(PRAKASH GUPTA),J

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