Citation : 2023 Latest Caselaw 1313 Raj/2
Judgement Date : 1 February, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Review Petition No. 18/2022
In
S.B. Civil Misc. Appeal No.5451/2008
1. Indra Devi W/o Late Shri Mahaveer Prasad, Aged About
45 Years
2. Rahul S/o Late Shri Mahaveer Prasad, Aged About 21
Years,
3. Priya D/o Latte Shri Mahaveer Prasad, Aged About 19
Years,
Petitioner Nos.2 and 3 through Natural Guardian Mother
Smt. Indra Devi.
4. Barji Devi W/o Late Shri Beejaram, Aged About 61 Years,
5. Lalluram S/o Late Shri Beejaram, Teacher Govt.
Secondary School Bada Was, Kotputli,
All Residents Of Ganga Colony, Kotputly, District Jaipur.
----Petitioners
Versus
1. Satveer Singh S/o Shri Jagdish Prasad, R/o Karoli Bans
Pahadi, Police Station Sadar, District Alwar -Driver.
2. Ramjilal S/o Shri Dhaniyaram, R/o Ganj, Tehsil
Kishangarhbas, District Alwar-Owner.
3. The New India Insurance Com. Ltd., Through Regional
Manager, Regional Office, Nehru Place, Tonk Road, Jaipur.
----Respondents
For Petitioner(s) : Mr. Rakesh Kumar Bhargava, Adv. For Respondent(s) : Mr. Ramawtar Meena, Adv.
HON'BLE MR. JUSTICE BIRENDRA KUMAR Order
01/02/2023
This petition is for modification in the judgment dated
03.02.2022 passed in S.B. Civil Misc. Appeal No.5451/2008. By
the said judgment, certain awards were made in favour of the
(2 of 2) [CRW-18/2022]
claimants for death of Late Mahaveer Prasad in a motor vehicle
accident. Claimant No.4 Barji Devi was mother of Mahaveer
Prasad. However, Barji Devi had already died prior to the
judgment of this Court dated 03.02.2022. The date of death of
Barji Devi is 25.08.2021.
In the circumstance, the award made in favour of Barji Devi
stands modified to the extent that the amount which was allowed
to Barji Devi would now be distributed among the widow and two
children of Late Mahaveer Prasad.
To the aforesaid extent, the prayer for modification is
allowed.
Accordingly, the review petition stands allowed.
(BIRENDRA KUMAR),J
Ashwani/-59
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