Rajasthan High Court
Ram Kishan And Others vs Raja Ram And Others on 20 May, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1817/2014
1. Ram Kishan S/o Late Shri Ganpal Lal Suman (since died
through his Lrs:-
1/1. Dashrath Suman S/o late Shri Ram Kishan,aged 55 years,
1/2. Nemi Chand S/o Late Shri Ram Kishan, aged 49 years,
All r/o malipada, Nayapura, Kota, District Kota (Raj.)
1/3. Smt. Lalita Suman W/o Shri Om Prakash Suman D/o Late
shri Ram Kishan, R/o Jhalawar (Raj.)
2. Smt. Gopi Bai W/o Shri Ramkishan Ji,
Both R/o Malipada, Nayapura, Kota, District Kota Raj.
3. Kum. Priyanka D/o Late Shri Lal Chand, aged above 18
years,
4. Kum. Suman D/o Late Shri Lal Chand,
5. Mahesh S/o Late Shri Lal Chand,
Appellant Nos. 4 And 5 Are Minor, Through Their Natural
guardian grand father shri Ram Kishan S/o late Shri
Ganpatlal
All R/o Malipada, Nayapura, Kota, District Kota Raj.
----Appellants
Versus
1. Rajaram Meghwal S/o Shri Panna Lal, R/o Village
Ghaghtana, Police Station Kaithun, Tehsil Ladpura, Distt.
Kota Raj. (Driver Of Truck No. Rj-20-Ga-0527)
2. Banshi Lal S/o Ghasilal, R/o Near Chaman Hotel,
Nayapura, Kota. (Owner Of Truck No. Rj-20-Ga-0527)
3. Hariballabh Kevat S/o Shri Chanda Lal, R/o Near
Government School, Sakatpura, Kota (Purchaser Of Truck
No. Rj-20-Ga-0527)
4. Chhotulal S/o Shri Panchu Ji, R/o Jawahar Sagar Bandh,
Police Station Kota Dam, District Bundi (Owner And
Purchaser Of Truck No. Rj-20-Ga-0527)
5. Icici Lombard General Insurance Company Limited,
Branch Jhalawar Road, Kota Raj. (Insurance Company Of
Truck No. Rj-20-Ga-0527)
----Respondents
(2 of 4) [CMA-1817/2014]
For Appellant(s) : Mr. Praveen Jain for Mr. S K Jain
For Respondent(s) : Mr. C S Jodha
Mr. Veerendra Singh for
Mr. Ashwani Chobisa
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
20/05/2022
1. Appellants-claimants have filed this appeal assailing the
exoneration of the Insurance Company from liability to pay
compensation as also for enhancement of compensation in relation
to the Claim Petition No.412/2008 decided vide judgment dated
06.02.2014 by the MACT No.1, Kota.
2. During pendency of appeal, one of appellants Mr. Ram
Kishan-appellant No.1 is said to be passed away on 08.09.2015
hence an application seeking substitution of his heirs and legal
representatives have been filed under Order 22 Rule 3 CPC.
3. Since, there is some delay in filing the application, a prayer
has also been made to condone the delay and to set aside the
abatement of appeal qua deceased-appellant by moving a
separate application.
4. It has been stated that due to illness of wife of applicant and
later on death on 14.01.2016, the application could not be filed
within time.
5. Considering the reasons assigned for delay as also the fact
that now the parties have entered into compromise with the
Insurance Company, this Court deems it just and proper to
condone the delay and to allow the substitution of heirs and legal
representatives of deceased-appellant No.1.
(3 of 4) [CMA-1817/2014]
6. Accordingly application Nos.4639/2016 & 4640/2016 stand
disposed of.
Amended cause title, enclosed with the application, is taken
on record.
7. It appears from the judgment and award dated 06.02.2014
that a compensation to the tune of Rs.5,90,100/- was awarded to
claimants but the Insurance Company was exonerated from
liability to pay compensation.
It has been stated that during pendency of this appeal,
claimants and Insurance Company have entered into compromise
with the spirit of National Lok Adalat and Insurance Company has
accepted its liability to pay compensation.
8. As per memo of compromise, this appeal is disposed of on
the following terms:-
"(I) A lump-sum amount of Rs.7,30,000/- Seven
Lakh Thirty thousand (including interest) shall
be paid to the claimants by insurance company
by depositing the same before tribunal concerns
within 6 weeks from today i.e. from the date of
compromise order in full and final settlement of
award with claimants.
(II) In case, the insurance company fails to
deposit the said amount within 6 weeks from
today i.e. from date of compromise order,
claimants shall be entitled for interest at 6% PA
from the date of compromise order, till payment
is made.
(III) The appeal is agreed to be disposed of in
terms of this compromise."
9. Thus, in view of aforesaid compromise, the award is modified
and appeal stands disposed of.
(4 of 4) [CMA-1817/2014]
It is made clear that the compensation amount would be
paid to claimants through their saving bank accounts furnished by
them.
10. Any other pending application(s), if any, also stand(s)
disposed of.
11. Record, if has been received, be sent back forthwith.
(SUDESH BANSAL),J
SAURABH/101
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