Rajasthan High Court - Jodhpur
Durga Devi vs Navratan Ram And Ors on 1 October, 2018
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1842/2012
Durga Devi w/o Shri Ramjeevan, by caste Nayak, resident of
Prem Nagar, Khinvsar Tehsil Khinvsar, District Nagaur
----CLAIMANT
Versus
1. Navratan Ram S/o Shri Babu Lal, by caste Teli, resident of
Near Babu Kothadi, Nagaur Tehsil & District Nagaur.
(Driver of Tractor No.RJ 21RB 0743]
2. Mangi Lal S/o Shri kishna Ram, by caste Prajapati, resident
of Chhapar, Tehsil Sujangarh District Churu. Presently
residing at Lunsara Road, Kuchera, Tehsil & District Nagaur.
(Registered Owner of Tractor No.RJ 21RB 0743]
3. Prabhu Ram S/o Shri Pukhraj, by caste Teli, resident of
Teliwara, Nagaur Tehsil & District Nagaur.
(Owner of the Tractor No.RJ 21RB 0743]
4. Reliance General Insurance Co. Ltd. Amar Plaza Complex,
Hotel Moti Mahal, Private Bus Stand, J.L.N. Road, Ajmer.
[Insurance Company of Tractor No.RJ 21RB 0743]
----Respondent
For Appellant(s) : Mr. Mukesh Mehariya
For Respondent(s) : Mr. Vishal Singhal
HON'BLE MR. JUSTICE P.K. LOHRA
Judgment 01/10/2018 Appellant-claimant has preferred the instant appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') ventilating her grievance against impugned judgment and award dated 05.06.2012, passed by Motor Accident Claims Tribunal, Nagaur (for short, 'learned Tribunal') to the extent learned Tribunal has quantified and awarded compensation.
(2 of 3) [CMA-1842/2012] In appeal, principal grievance of appellant is that the amount of compensation determined by learned Tribunal is inadequate and not satisfying the requirements of just and fair compensation within the meaning of Section 168 of the Act.
From perusal of the impugned judgment and award, it is abundantly clear that learned Tribunal, while adjudicating the claim of appellant under Section 166 of the Act, has awarded total compensation to the tune of Rs.3,27,000/- with interest @ 7.5% per annum under different heads.
It is stated at Bar by learned counsel appearing for the respondent-insurer that the amount awarded by learned Tribunal has already been disbursed to the appellant with interest upon its deposition.
During the course of arguments, learned counsel for the parties have submitted in unison that after due deliberation, in the spirit of Lok Adalat, they have mutually settled the dispute, and as per compromise, respondent-insurer is prepared to pay additional amount of compensation to the tune of Rs.3,75,000/-, which is inclusive of interest.
Learned counsel appearing for the appellant has very candidly submitted that the proposal of respondent-insurer is acceptable and accordingly, the impugned award is liable to be modified.
(3 of 3) [CMA-1842/2012] In view of the fact that the dispute between the parties has been settled perpetually, the instant appeal is allowed in terms of compromise and the respondent-insurer is directed to pay to the appellant additional amount of compensation to the tune of Rs.3,75,000/- inclusive of interest within a period of two months from today, else it shall carry interest at the rate of 9% per annum from the date of filing of the appeal.
The appeal is, accordingly, disposed of, and the award stands modified.
(P.K. LOHRA),J Bharti/114 Powered by TCPDF (www.tcpdf.org)