Rajasthan High Court - Jaipur
Smt Madani Devi vs Shri Sita Ram & Ors on 25 April, 2012
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur SB Civil Misc. Appeal No.799 of 1999 Smt. Madani Devi vs Shri Sita Ram and ors Date of Order : 25.4.2012 HON'BLE MS. JUSTICE BELA M. TRIVEDI Mr.Ram Singh Rathore for the appellant By the Court:
1.The present appeal has been filed by the appellant-claimant challenging the award dated 11.2.1999 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur in MAC 26 of 1998 seeking enhancement of the amount of compensation.
2.It has been submitted by learned counsel for the appellant that the appellant has filed the appeal only on the ground that the Tribunal has not awarded interest on the amount of compensation awarded by it.
3.Having regard to the submissions made by learned counsel for the appellant and to the impugned award, it appears that considering the nature of injuries, period of treatment and other evidence on record, the Tribunal has awarded Rs. 70,000/- for the injuries sustained by the appellant out of the accident caused on 22.1.1998 when the appellant was travelling in the Jeep in question, which dashed with a Truck coming from the opposite side. The Tribunal had passed the award directing the respondents No.2 and 3 to pay the compensation of Rs. 70,000/- and further directed that if the said amount is not paid within 45 days from the date of award, the appellant would be entitled to the interest at the rate of 12% per annum from the date of filing the application till realisation. It is submitted by learned counsel for the appellant that the said amount of compensation was deposited by the respondent No.3 Insurance Company within 45 days as directed by the Tribunal. Under the circumstances, the award having already been complied with, this curt does not find any illegality or infirmity in the said award passed by the Tribunal. The appeal being devoid of merits deserves to be dismissed and is accordingly dismissed.
(BELA M. TRIVEDI) J.
om/P.4/ All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Om Prakash P