Smt. Sadhana And Ors vs Kishan Lal And Ors. ...
2023 Latest Caselaw 5632 Raj

[2023:RJ-JD:24894]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 159/2015

1. Smt. Sadhana W/o Late Rajkumar, aged about 50 years,

2. Jitendra S/o Late Rajkumar, aged about 28 years,

3. Kum Yamini D/o Late Rajkumar, aged about 25 years.

4. Lakky S/o Late Rajkumar, aged about 20 years,

5. Kum Naina D/o Late Rajkumar, aged about 17 years, No.5 Minor, through natural & Legal Guardian Mother Smt.Sadhana

6. Rajesh Kumar s/o Mohan Lal, aged about 77 years, All b/c Gupta, All R/o Vishwakarma Colony, Opposite Jain College, Ward No.25, Bikaner, Rajasthan.

----Appellant Versus

1. Kishan Lal S/o Mokhram Bishnoi, R/o Nearby Vimal Bhawan, Sarvodaya Basti, Bikaner.

2. ICICI Lombard General Insurance Company Limited, R/o Bank Towars, Bandra Kurla Complex, Mumbai, through its Branch Manager of ICICI Lombard General Insurance Company Limited, Silver Square, Rani Bazar, Bikaner (Raj.)

3. Hari Ram S/o Ramkaran Bishnoi, R/o Himatsar, Tehsil Nokha, Dist. Bikaner (Raj.)

----Respondent

For Appellant(s) : Mr. M.C.Bishnoi with Mr. Kuldeep Bishnoi For Respondent(s) : Mr. Jagdish Vyas

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Judgment / Order

04/08/2023

1. For the reasons mentioned in the application IA No.1/2023,

the name of appellant No.6 Smt. Pushpa is deleted from the array

of the appellants. The application stands disposed of accordingly.

Amended cause title already filed is taken on record.

[2023:RJ-JD:24894] (2 of 3) [CMA-159/2015]

2. The Motor Accident Claims Tribunal (Labour Court) Bikaner

vide judgment and award dated 28.10.2014 in Claim Case

No.201/2010 passed an award of Rs. 7,30,992/- with interest @

7.5% per annum in favour of the appellants-claimants. Aggrieved

by the said judgment and award, the claimants have filed the

instant appeal. It is submitted that the compensation awarded by

the Tribunal is inadequate and same deserves to be enhanced.

3. Learned counsel appearing for the respondent-Insurance

Company has agreed to enhance the compensation amount by Rs.

4,70,000/- in addition to the amount already awarded by the

learned Tribunal vide the award impugned as a full and final

settlement of the claim case.

4. Learned counsel for the appellants-claimants is agreed to the

aforesaid proposal made by learned counsel appearing for the

Insurance Company.

5. In view of the aforesaid settlement arrived at between the

parties, this appeal is disposed of in following terms:

The respondent-Insurance Company shall pay the agreed

enhanced amount of Rs.4,70,000/- as lump-sum amount, in

addition to the compensation already awarded vide impugned

judgment and award dated 28.10.2014 passed in Claim Case No

201/2010 to the appellants-claimants as a full and final settlement

of the claim case. The enhanced amount shall be deposited by the

respondent- Insurance Company with the Tribunal within a period

of two months from today, failing which on the enhanced amount,

interest @ 6% from the date of enhancement till payment shall be

[2023:RJ-JD:24894] (3 of 3) [CMA-159/2015]

payable. On deposit of the amount as aforesaid, the same shall be

disbursed to the appellants-claimants in accordance with law.

6. The award impugned dated 28.10.2014 passed by Motor

Accident Claims Tribunal (Labour Court), Bikaner in Claim Case

No. 201/2010 is modified accordingly.

(YOGENDRA KUMAR PUROHIT),J 413-RP/-

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