United India Insurance Co. Ltd vs Manbhari
2023 Latest Caselaw 2951 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Civil Misc. Application No. 23/2023

In

S.B. Civil Misc. Appeal No. 1349/2014

United India Insurance Co. Ltd.

----Appellant Versus Manbhari And Ors.

----Respondent

For Applicant (s) : Mr. Anil Kaushik For Respondent(s) : Mr. Om Rajpurohit

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

12/04/2023

The applicant/appellant-insurance company has filed the

instant misc. application seeking correction in the order dated

10.4.2023 passed by this Court in S.B.Civil Misc. Appeal No.

1349/2014.

Learned counsel for the applicant/appellant-insurance

company submits that in the aforesaid appeal while compromising

the matter with the respondents-claimants, it was agreed that the

appellant insurance company will pay an additional amount of

Rs.4,00,000/- in addition to the amount of compensation already

received by the respondents-claimants under Section 173, 140 of

the MV Act and in terms of interim order dated 10.10.2014.

However, vide order dated 10.4.2023 while disposing of the

appeal, the appellant- insurance company has been directed to

pay additional amount of Rs.4,00,000/- in addition to the

(2 of 2) [CMAP-23/2023]

compensation already awarded vide impugned judgment and

award dated 21.05.2014, whereas it was agreed to pay the

enhanced amount of Rs. 4,00,000/- in addition to the amount of

compensation already received by the respondent-claimant out of

the awarded amount.

Learned counsel appearing for the respondents-claimants

does not dispute the above factual position.

Accordingly, the application is allowed and it is made clear

that vide order dated 10.4.2023, the appellant-insurance company

has been directed to pay to the respondents-claimants the

additional amount of Rs. 4,00,000/- as lump-sum amount, in

addition to the amount of compensation already received by the

respondent-claimant out of the awarded amount vide judgment

and award dated 21.05.2014 passed in Claim Case No. 152/2012

as a full and final settlement of the claim case.

This order be treated as part and parcel of order dated

10.4.2023.

(YOGENDRA KUMAR PUROHIT),J RP/-

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