Ishwar Singh vs Kanti Lal (2024:Rj-Jd:39264)
2024 Latest Caselaw 8323 Raj

Rajasthan High Court - Jodhpur

Ishwar Singh vs Kanti Lal (2024:Rj-Jd:39264) on 21 September, 2024

Author: Nupur Bhati

Bench: Nupur Bhati

[2024:RJ-JD:39264]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       AT JODHPUR


                S.B. Civil Misc. Application No. 65/2024

1.       Ishwar Singh S/o Chiman Singh, Aged About 71 Years, R/
         o Sindarath Tehsil Sirohi District Sirohi
2.       Smt Hariya Kanwar W/o Ishwar Singh, Aged About 68
         Years, R/o Sindarath Tehsil Sirohi District Sirohi
                                                                     ----Petitioners
                                      Versus


1.       Kanti Lal S/o Uaka Ji, R/o Mul Gogipada Tehsil Aspur
         District Dungarpur At Present Resident Of Ahmedabad
         Rakhiyal Amratlal Ki Chali Ahmedabad Gujarat
2.       Sanjay      Bhai   S/o      Nanda        Bhai     Jiwani,    Resident   Of
         Bharapada Gariya Thar District Bhawnagar Gujarat
3.       The New India Assurance Co. Ltd, Through Divisional
         Manager Residency Road Jodhpur
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Bharat Singh Rathore for
                                  claimants/appellants.
For Respondent(s)           :     Mr. Arun Dadhich, associate to Mr.
                                  N.K. Mehta for respondent No.3.


               HON'BLE DR. JUSTICE NUPUR BHATI

Order

21/09/2024

1. The instant misc. application has been filed by learned

counsel for the applicant/respondent No.3-Insurance Company

seeking clarification/modification in the judgment/award dated

24.07.2024 passed in S.B. Civil Misc. Appeal No.871/2010 [Ishwar

Singh & Ors. v. Kanti Lal & Ors.] passed by this Court whereby the

misc. appeal filed by the claimants was partly allowed and they

were also held entitled to get enhanced compensation.

2. It is submitted by learned counsel for the respondent No.3-

Insurance Company in the application that in the operative portion

[2024:RJ-JD:39264] (2 of 3) [CMAP-65/2024]

i.e. para No.17 of the above-said judgment/award dated

24.07.2024, due to an inadvertent error, direction for pay and

recover the amount of compensation has not been mentioned

whereas, the learned Tribunal vide its order dated 07.12.2007,

had exonerated the insurance company from paying the quantum

of compensation in favour of the claimants/appellants. Learned

counsel for respondent-Insurance Company, thus, seeks

clarification in the order dated 24.07.2024 up to the extent that

liability to pay the amount of compensation is on the respondent

No.2-owner and not on respondent No.3-Insurance Company,

which would then be recovered from the respondent No.2-owner

of the offending vehicle.

3. Learned counsel for the appellant, on the other hand, orally

submits that inadvertently, his presence on behalf of the

claimants/appellants has not been marked in the order dated

24.07.2024.

4. In view of the above and in the interest of justice, the instant

misc. application is allowed. In the order dated 24.07.2024, it is

hereby directed up to the extent that the respondent No.3-

Insurance Company, as an interim measure, shall pay the

enhanced amount of compensation i.e. Rs.2,53,600/- in favour of

the claimants/appellants within a period of two months from today

and the said amount shall be recovered from respondent No.2-

owner of the offending vehicle, with the interest @ 6% per

annum. Other conditions of the order dated 24.07.2024 shall

remain the same. Also, attendance of learned counsel Mr. Bharat

Singh Rathore shall be marked on behalf of the

appellants/claimants.

[2024:RJ-JD:39264] (3 of 3) [CMAP-65/2024]

5. This order shall be treated as part and parcel of the order

dated 24.07.2024.

(DR. NUPUR BHATI),J

93-/Devesh/-

Powered by TCPDF (www.tcpdf.org)