Allowed

Smt. Jayvanti and Anr. v. Bashirkhan and Ors.

Rajasthan HC11 Jan 2019CMA/610/2000

Case brief

AI extract

What is this about?

The High Court enhanced the compensation award in a motor accident claim case by an additional Rs. 2,00,000, accepted as reasonable by the counsel for the respondent insurer, allowing the appellants' appeal and modifying the impugned tribunal award.

What did the court decide?

Total compensation enhanced by additional Rs. 2,00,000 to be paid by the respondent insurer within four weeks, failing which interest of 9% per annum shall apply.

Smt. Jayvanti and Anr. Vs Bashirkhan and Ors. — Motor Accident Claims | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Misc. Appeal No. 610/2000

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Smt. Jayvanti W/o Shri Pahalaj Ram, by caste Sindhi, resident of Surya Apartment, Jodhpur

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Shri Pahilaj Ram s/o Shri Daya Ram, by caste Sindhi, resident of Surya Apartment, Jodhpur

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----Appellants

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Versus

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Bashirkhan s/o Shri Ladu Khan, by caste Musalman, resident of Rai ka bag, Jodhpur (Driver)

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Shri Vagta Ram s/o Shri Dhana Ram, by caste Mali, resident of Rajender Colony, Jalore (owner)

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Shri Surendea Kumar s.o Shri Prakash Mal, by caste Jain, resident of Umaid Chowk, Jodhpur (Attorney holder)

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National Insurance Company Ltd., 12^th residency road, Jodhpur.

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----Respondents

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For Appellant(s) : None present For Respondent(s) : Mr. L.D. Khatri for Insurance Co.

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HON'BLE MR. JUSTICE P.K. LOHRA

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Judgment

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11/01/2019

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The unfortunate parents of deceased Nandlal have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') seeking enhancement of compensation awarded by Motor Accident Claims Tribunal, Jodhpur (for short, ‘learned Tribunal’) vide award dated 11.04.2000, passed in M.A.C. No. 1067 of 1995, partly allowing their claim petition filed for compensation under Section 166 of the Act and awarding a sum of Rs.1,50,000 with interest against the total compensation of Rs. 19,76,000 claimed by them.

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(2 of 3)

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[CMA-610/2000]

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Though none has appeared in the matter on behalf of appellants today, but as the matter was earlier ordered to be listed before National Lok Adalat, the counsel appearing for insurance company, in the backdrop of facts and circumstances of the case that son of the appellants Nandlal, aged 22 years, who was in employment of a firm and in connection therewith was accompanying vegetables and fruits being transported from Jodhpur to Jaisalmer in the offending truck, which was insured with National Insurance Company respondent No.4 herein, tuned turtle near Kaylana on a turn due to rash driving of the truck and expired instantaneously and as the appellants were dependent on him, has agreed to pay additional compensation amount of Rs.2,00,000 as enhanced amount of compensation.

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After going through the award, record of learned Tribunal and the pleadings of present appeal, in my considered opinion, the proposal made by learned counsel for the insurance company in the peculiar facts and circumstances of the case is just and reasonable enhancing compensation by additional lumpsum amount of Rs.2,00,000, which the respondent-Insurance Company Insurer is prepared pay to settle the matter perpetually.

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Consequently, the total amount of compensation is redetermined and the amount of compensation awarded by learned Tribunal is enhanced by Rs.2,00,000, which is to be paid by the respondent Insurance Company in addition to the compensation awarded by the learned Tribunal within a period of

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(3 of 3)

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[CMA-610/2000]

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four weeks from today to the appellants, or to deposit the same with the learned Tribunal. In case the enhanced amount of compensation is deposited with the learned Tribunal, it shall disburse the same to the appellant-claimants in the same manner and proportion as per impugned award.

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In view thereof, appeal is disposed of and the impugned award is modified accordingly.

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Before parting, it is made clear that in case the enhanced amount of compensation is not paid by the Insurer within four weeks, then, the same shall carry interest @ 9% per annum from the date of filing of this appeal.

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(P.K. LOHRA),J

Smt. Jayvanti and Anr. v. Bashirkhan and Ors.

Case brief

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Smt. Jayvanti and Anr. v. Bashirkhan and Ors.

Case brief

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