Rajasthan High Court - Jodhpur
The New India Assurance Co. Ltd vs Smt. Pappu Devi (2024:Rj-Jd:40048) on 26 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:40048]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Misc. Application No. 70/2024
The New India Assurance Co. Ltd., Through Its Authorized Office,
T.p. Claims Hub, Divisional Office - 1, Abhay Chambers, Jalori
Gate, Jodhpur.
----Petitioner
Versus
1. Smt. Pappu Devi W/o Late Joga Ram, R/o Devariya
(Deriya), Tehsil Pachpadra, Dist. Barmer.
2. Ramesh S/o Late Joga Ram, (Minor) Minor Represented
Through Natural Guardian Mother Smt. Pappu Devi. R/o
Devariya (Deriya), Tehsil Pachpadra, Dist. Barmer.
3. Mst. Mamta D/o Late Joga Ram, (Minor) Minor
Represented Through Natural Guardian Mother Smt.
Pappu Devi. R/o Devariya (Deriya), Tehsil Pachpadra,
Dist. Barmer.
4. Mst. Netu D/o Late Joga Ram, (Minor) Minor Represented
Through Natural Guardian Mother Smt. Pappu Devi. R/o
Devariya (Deriya), Tehsil Pachpadra, Dist. Barmer.
5. Sona Ram S/o Shri Kana Ram, R/o Devariya (Deriya),
Tehsil Pachpadra, Dist. Barmer.
6. Smt. Madhu Devi W/o Shri Sona Ram, R/o Devariya
(Deriya), Tehsil Pachpadra, Dist. Barmer.
7. Bhanwar Lal S/o Shri Chaina Ram Vishnoi, R/o Village
Joliyali Hemnagar, Dist. Jodhpur (Owner)
----Respondents
For Petitioner(s) : Mr. Jagdish Vyas.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
26/09/2024
1. The instant misc. application has been filed by learned
counsel for the applicant/appellant-Insurance Company seeking
clarification/modification in the judgment/award dated 12.08.2024
[2024:RJ-JD:40048] (2 of 3) [CMAP-70/2024]
passed in S.B. Civil Misc. Appeal No.1142/2016 [The New India
Assurance Company Ltd. v. Smt. Pappu Devi & 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
applicant/appellant-Insurance Company that para No.17 has
inadvertently been framed as under:-
"17.In this view of the matter, this Court is of the view
that the impugned order dated 23.12.2015 passed by
the learned Commissioner, Employer's Compensation,
Balotra (Barmer) in Claim Case No. E.C.C.F 52/2011
is modified to the extent of the joint and several
liability imposed upon the appellant/insurance
company to pay compensation to the
claimants/respondent no. 1 to 6. The claimants would
be at liberty to recover the amount of penalty from
the owner-respondent No.7 of the offending vehicle."
3. Learned counsel for the applicant - Insurance Company also
orally submits that inadvertently, the rate of interest has also not
been mentioned in para No.18 of the judgment dated 12.08.2024.
Learned counsel for the applicant Insurance Company thus, urges
that rectification of the aforesaid error is essential.
4. In view of the submissions made, this Court finds that
inasmuch as the appeal preferred by the appellant Insurance
Company has been allowed by this Court vide judgment/award
dated 12.08.2024, thus, in Para 17 it ought to have been
mentioned that the appellant Insurance company is exonerated
[2024:RJ-JD:40048] (3 of 3) [CMAP-70/2024]
from its liability to pay compensation to respondent/claimants.
Thus, the application filed by the applicant/appellant - Insurance
Company is allowed in the interest of justice. Paras No.17 & 18 of
the judgment/award dated 12.08.2024 shall be read as under:-
"17. In this view of the matter, this Court is of the
view that by the impugned order dated 23.12.2015,
the Commissioner, Employees' Compensation Balotra
has erred in fastening the liability to pay the
compensation upon the appellant Insurance Company.
The order impugned is accordingly modified and the
appellant Insurance company is exonerated from its
liability to pay the compensation and the claimants
would be at liberty to recover the amount of
compensation, as determined by the Commissioner,
from the respondent No.7/owner. Any amount, if
already deposited by the appellant-Insurance
Company, shall be adjusted accordingly.
18. In compliance of the interim order dated
20.05.2016, 50% of the compensation amount along
with interest @ 6% deposited by the appellant -
Insurance Company shall be recovered from the
owner of the vehicle."
5. This order shall be treated as part and parcel of the order
dated 12.08.2024.
(DR. NUPUR BHATI),J
487-pradeep/-
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