Raju Devi Wife Of Late Kailash ... vs Brijesh Kumar Son Of Prempal Singh
2022 Latest Caselaw 6339 Raj/2

Citation : 2022 Latest Caselaw 6339 Raj/2
Judgement Date : 23 September, 2022

Rajasthan High Court

Raju Devi Wife Of Late Kailash ... vs Brijesh Kumar Son Of Prempal Singh on 23 September, 2022

Bench: Sudesh Bansal

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

     S.B. Civil Miscellaneous Appeal No. 1403/2021

1.   Raju Devi Wife Of Late Kailash Chand Meena, Aged About
     35 Years, Resident Of Village Sawai Madhosinghpura,
     Santoshpura, Tehsil Chaksu, Police Station Shivdaspura,
     District Jaipur.
2.   Kumari Priyanka Meena Daughter Of Late Kailash Chand
     Meena, Aged About 12 Years, Minor Through Her Mother
     And Natural Guardian Smt. Raju Devi Of Late Kailash
     Chand Meena, Resident Of Village Sawai Madhosinghpura,
     Santoshpura, Tehsil Chaksu, Police Station Shivdaspura,
     District Jaipur.
3.   Kumari Priya Meena Daughter Of Late Kailash Chand
     Meena, Aged About 10 Years, Minor Through Her Mother
     And Natural Guardian Smt. Raju Devi Of Late Kailash
     Chand Meena, Resident Of Village Sawai Madhosinghpura,
     Santoshpura, Tehsil Chaksu, Police Station Shivdaspura,
     District Jaipur.
4.   Kumari Aachuki Meena Daughter Of Late Kailash Chand
     Meena, Aged About 8 Years, Minor Through Her Mother
     And Natural Guardian Smt. Raju Devi Of Late Kailash
     Chand Meena, Resident Of Village Sawai Madhosinghpura,
     Santoshpura, Tehsil Chaksu, Police Station Shivdaspura,
     District Jaipur.
5.   Child In Womb, Died Hence Deleted On 23.04.2019.
6.   Mangli Devi Wife Of Late Kalyan Sahay Meena, Aged
     About     74       Years,       Resident          Of     Village   Sawai
     Madhosinghpura,         Santoshpura,           Tehsil    Chaksu,    Police
     Station Shivdaspura, District Jaipur.
                                                                ----Appellants
                                 Versus
1.   Brijesh Kumar Son Of Prempal Singh, Resident Of Bakhra,
     Post Eka, District Firojabad, Uttarpradesh (Driver Truck
     No. Hr-55V-1587)
2.   Balraj   Son       Of    Meharchand,            Resident     Of    Village
     Bandhwadi, Post Kadarpur, District Gurgaon, Haryana
     (Owner Truck No. Hr-55V-1587)
3.   Cholamandlam MS General Insurance Company Limited,


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     Having Its Regional Office At E-52, 2Nd Floor, Chitranjan
     Marg, Police Station Ashok Nagar, C-Scheme, Jaipur
     Through Its Regional Manager (Insurer Truck No. Hr-55V-
     1587)
                                                              ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 1405/2021

1. Laali Devi Wife Of Late Shankar Choudhary @ Shankar Lal, Aged About 24 Years, Resident Of Village Bada Padampura, Tehsil Chaksu, Police Station Shivdaspura, District Jaipur.

2. Rajveer Choudhary Son Of Late Shankar Choudhary @ Shankar Lal, Aged About 6 Years, Minor Through His Mother And Natural Guardian Smt. Laali Devi Of Shankar Choudhary @ Shankar Lal, Resident Of Village Bada Padampura, Tehsil Chaksu, Police Station Shivdaspura, District Jaipur.

3. Ranveer Choudhary Son Of Late Shankar Choudhary @ Shankar Lal, Aged About 5 Years, Minor Through His Mother And Natural Guardian Smt. Laali Devi Of Shankar Choudhary @ Shankar Lal, Resident Of Village Bada Padampura, Tehsil Chaksu, Police Station Shivdaspura, District Jaipur.

4. Child In Womb, Died Hence Deleted On 23.4.2019.

5. Teeja Devi Wife Of Late Radha Kishan Jat, Aged About 64 Years, Resident Of Village Bada Padampura, Tehsil Chaksu, Police Station Shivdaspura, District Jaipur.

----Appellants Versus

1. Brijesh Kumar Son Of Prempal Singh, Resident Of Bakhra, Post Eka, District Firojabad, Uttar Pradesh (Driver Truck No. Hr-55V-1587)

2. Balraj Son Of Meharchand, Resident Of Village Bandhwadi, Post Kadarpur, District Gurgaon, Haryana (Owner Truck No. Hr-55V-1587)

3. Cholamandlam Ms General Insurance Company Limited, Having Its Regional Office At E-52, 2Nd Floor, Chitranjan Marg, Police Station Ashok Nagar, C-Scheme, Jaipur Through Its Regional Manager (Insurer Truck No. Hr-55V-

     1587)


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                                                                ----Respondents


For Appellant(s)         :     Mr. Vinay Mathur
For Respondent(s)        :     Ms. Chelsi Gangwal for
                               Mr. Virendra Agrawal

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

23/09/2022 In S.B. Civil Miscellaneous Appeal No. 1403/2021:-

1. Appellants-claimants have filed this appeal for enhancement

of compensation, awarded by the Motor Accident Claims Tribunal,

Jaipur Metropolitan, Jaipur in M.A.C. Case No.232/2017 (CIS

No.16/2017).

2. During pendency of this appeal, with the spirit of National

Lok Adalat, appellants-claimants and respondent No.3-Insurance

Company have entered into a compromise and the memo of

compromise has been placed on record.

3. Thus, in terms of compromise, this appeal is disposed of with

following order:-

"(I) In addition to the award passed by the MACT, claimants shall be paid by the Insurance Company an additional lump-sum amount of Rs.2,50,000/- (Rs. Two lacs fifty thousand only) inclusive interest.

(II) The enhanced amount shall be paid within a period of four weeks.

(III) In case of non-payment of enhanced amount within a period of four weeks, the same will carry interest @ 6% per annum from the date of the present order, and the impugned award is modified accordingly."

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4. Thus, in view of aforesaid compromise, this appeal stands

disposed of.

5. Any other pending application(s), if any, also stand(s)

disposed of.

6. Record, if laying before this Court, be sent back.

In S.B. Civil Miscellaneous Appeal No. 1405/2021:-