Rajasthan High Court
Jal Singh S/O Shri Prabhat vs United India Insurance Company ... on 20 October, 2023
Bench: Praveer Bhatnagar
[2023:RJ-JP:31147]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 120/2023
In
S.B. Civil Miscellaneous Appeal No. 4167/2019
1. Jal Singh S/o Shri Prabhat, Aged About 68 Years, R/o
Gubarua Tehsil Nadbai, Distt. Bharatpur (Raj)
2. Mst. Balveeri W/o Jal Singh, Aged About 65 Years, R/o
Gubarua Tehsil Nadbai, Distt. Bharatpur (Raj)
----Petitioners
Versus
1. United India Insurance Company Ltd., Through Branch
Manager, Bharatpur (Rajasthan) Cover Note 398205
Badau
2. Khursheed S/o Bahar Husain, Village And Post Deegarpur,
Thana Mainaker, Distt. Muradabad, (Owner Of Truck No.
Up-21/9491)
3. Urbesh Ali S/o Julfikar Husain, R/o Diwarpur, Police
Station Mainakair, District Muradabad, Through Owner
Shri Khursheed S/o Bahar Husain, B/c Musalman, R/o
Deegarpur, Distt. Muradabad, (Driver Of Truck No. Up-
21/9491)
4. Ishwar Singh S/o Ratan Singh, R/o Punjabi Mohalla,
Nadbai Police Station And Tehsil Nadbai, District
Bharatpur
5. United India Insurance Company Ltd., Branch Bharatpur
Cover Note No. Jr-96 No. 340955
----Respondents
For Petitioner(s) : Mr. Lokesh Parihar
For Respondent(s) : Mr. Navankur Dubey
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
20/10/2023
The instant Civil Misc. Application has been filed under
Section 151 C.P.C seeking modification in the judgment dated
[2023:RJ-JP:31147] (2 of 3) [CMAP-120/2023]
02.06.2023 passed by this Court in S.B. Civil Miscellaneous Appeal
No. 4167/2019.
Learned counsel for the applicants submits that in Para 32 of
the judgment dated 02.06.2023 passed by this Court the amount
of compensation awarded by the learned Tribunal has wrongly
been mentioned as Rs.2,36,000/- instead of Rs.4,72,000/-.
Learned counsel appearing on behalf of the non-claimants
also concedes that the amount of compensation awarded by the
learned Tribunal has wrongly been mentioned in the judgment
dated 02.06.2023 and the application filed by the Insurance
Company may be allowed.
Perused the material available on record.
This Court in its judgment dated 02.06.2023 has awarded a
sum of Rs.9,16,400/- as enhanced compensation to the claimants
and in Para 32 of the judgment passed by this Court on
02.06.2023 inadvertently the amount of compensation as awarded
by the learned Tribunal has been mentioned as Rs.2,36,000/-
instead of Rs.4,72,000/-. Learned Tribunal in its award dated
26.02.2019 has awarded compensation to the tune of
Rs.4,72,000/-, out of the said amount, 50% of the compensation
amount was ordered to be disbursed to claimant Usha and rest
25% - 25% of the compensation amount was ordered to be
disbursed to the appellants each.
Accordingly, the instant misc. application is allowed. The
judgment dated 02.06.2023 passed by this Court is modified to
the extent of para 32, which reads as under:-
"32. In view of the aforesaid facts and circumstances,
the impugned judgment is liable to be modified as
[2023:RJ-JP:31147] (3 of 3) [CMAP-120/2023]
above and the claimants-appellants are entitled to get
compensation of Rs.9,16,400/- instead of
Rs.4,72,000/- awarded by the learned Tribunal. On the
enhanced amount of compensation i.e. Rs.4,44,400/-
the appellants would be entitled to get interest @ 6%
per annum from the date of application as per the
terms of the award passed by the learned Tribunal.
However, it is made clear that the disbursement of the
compensation amount shall be in accordance with the
terms of the impugned award."
(PRAVEER BHATNAGAR),J
1-/DHARMENDRA RAKHECHA
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