Allowed

Durga Devi v. Navratan Ram and Ors.

Rajasthan HC1 Oct 2018CMA/1842/2012

Case brief

AI extract

What is this about?

The High Court accepted a compromise between parties in a motor accident compensation appeal. The court allowed the appeal and directed the respondent insurer to pay an additional Rs. 3,75,000/- inclusive of interest within two months, failing which interest at 9% per annum applies.

What did the court decide?

Appellant directed to receive additional compensation of Rs. 3,75,000/- inclusive of interest within two months; failure attracts 9% per annum interest.

Durga Devi Vs Navratan Ram and Ors. — Motor Accident Claims | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Misc. Appeal No. 1842/2012

¶3

Durga Devi w/o Shri Ramjeevan, by caste Nayak, resident of Prem Nagar, Khinvsar Tehsil Khinvsar, District Nagaur

¶4

----CLAIMANT

¶5

Versus

¶6

Navratan Ram S/o Shri Babu Lal, by caste Teli, resident of Near Babu Kothadi, Nagaur Tehsil & District Nagaur.

¶7

(Driver of Tractor No.RJ 21RB 0743]

¶8

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.

¶9

(Registered Owner of Tractor No.RJ 21RB 0743]

¶10

Prabhu Ram S/o Shri Pukhraj, by caste Teli, resident of Teliwara, Nagaur Tehsil & District Nagaur.

¶11

(Owner of the Tractor No.RJ 21RB 0743]

¶12

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]

¶13

----Respondent

¶14

For Appellant(s) : Mr. Mukesh Mehariya For Respondent(s) : Mr. Vishal Singhal

¶15

HON'BLE MR. JUSTICE P.K. LOHRA

¶16

Judgment

¶17

01/10/2018

¶18

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.

¶19

(2 of 3)

¶20

[CMA-1842/2012]

¶21

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.

¶22

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.

¶23

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.

¶24

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.

¶25

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.

¶26

(3 of 3)

¶27

[CMA-1842/2012]

¶28

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.

¶29

The appeal is, accordingly, disposed of, and the award stands

¶30

modified.

¶31

(P.K. LOHRA),J

¶32

Bharti/114

Durga Devi v. Navratan Ram and Ors.

Case brief

What is this about?

What did the court decide?

Durga Devi v. Navratan Ram and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Lehro and Anr. Vs Sawai Ram and Ors.

Chutra Ram Vs State

Neeraj Vs State

Ramesh Vs Inder Lal and Ors.

Choru Lal Vs Murlidhar and Anr.

The Cotton Corporation of India Ltd. Vs Navin Oil and Ginning Factory