Allowed

Moti Lal Verma S/O Ramnath Verma v. Kunj Bihari S/O Bhojraj

Rajasthan HC25 Jan 2022CRW/13/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a review petition seeking interest on enhanced motor accident compensation. The court held that the earlier judgment omitting 6% interest was due to a clerical error.

What did the court decide?

The review petition was allowed; claimants entitled to interest at 6% p.a. on Rs. 8,90,000/- from the date of filing the claim petition.

Moti Lal Verma S/O Ramnath Verma Vs Kunj Bihari S/O… — Motor Accident Claims | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Civil Review Petition No. 13/2021

¶4

¶5

S.B. Civil Misc. Appeal No. 7616/2011

¶6

Moti Lal Verma S/o Ramnath Verma, Aged About 61 Years,

¶7

Smt Savitri Devi W/o Moti Lal Verma, Aged About 54 Years,

¶8

Dinesh Kumar Verma S/o Moti Lal Verma, Aged About 34 Years, All R/o 5-G-17 Mahaveer Nagar, III Kota.

¶9

----Claimants Petitioners

¶10

Versus

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Kunj Bihari S/o Bhojraj, R/o Village Gidhani P.S. Dudu District Jaipur (Driver Of Vehicle Truck No. Rj-14-/2G4581)

¶12

Datar Singh S/o Man Singh, R/o 16 B Jawahar Nagar Kacchi Basti, Tiba No. 1 Jaipur (Owner Of Truck No. RJ14/2G-4581)

¶13

Oriental Insurance Company Limited, Jhalawar Road, Kota (Insurer Of Truck No. RJ-14/2G-4581)

¶14

RSRTC Through Chief Manager, Jodhpur, (Owner Of Vehicle Bus No. RJ-19/1P-0510)

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National Insurance Company Limited, Jhalawar Road, Kota. (Insurer Of Vehicle Bus No. RJ-19/1P-0510)

¶16

----Respondents

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For Petitioner(s) : Mr. L.L. Gupta, Advocate (through VC) For Respondent(s) : Mr. Rajpal Chaudhary, Advocate (through VC)

¶18

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

25/01/2022

(2 of 2)

[CRW-13/2021]

This review petition has been filed by the petitioners under Order 47 Rule 1 CPC readwith Sections 151 and 152 CPC for review of the judgment dated 19.4.2021 passed by this Court in S.B. Civil Misc. Appeal No. 7616/2011.

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Learned counsel for the petitioners submits that the learned Motor Accident Claims Tribunal, Kota (for short, 'the Tribunal') while passing the impugned judgment dated 2.6.2011, awarded interest @ 6% p.a. from the date of filing the claim petition till the amount is recovered. This Court while disposing of the appeal(s) vide its judgment dated 19.4.2021 enhanced the amount of compensation to the tune of Rs. 8,90,000/-, but due to typographical error, did not mention about the interest, although the same should have been awarded @ 6% p.a. from the date of filing of the claim petition.

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Learned counsel for the Insurance Co. does not dispute

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the same.

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Taking into consideration the facts and circumstances of the case and in view of the fact that interest @ 6% p.a. was awarded by the Tribunal vide its judgment dated 2.6.2011, the review petition is allowed and the claimants are also held entitled to interest @ 6% p.a. on the enhanced amount of compensation i.e. Rs. 8,90,000/- w.e.f. the date of filing the claim petition.

¶28

Rest part of the judgment dated 19.4.2021 shall remain unchanged and this order shall be treated as an integral part of the judgment dated 19.4.2021 passed by this Court.

¶29

(PRAKASH GUPTA),J

¶30

Dk/15

Moti Lal Verma S/O Ramnath Verma v. Kunj Bihari S/O Bhojraj

Case brief

What is this about?

What did the court decide?

Moti Lal Verma S/O Ramnath Verma v. Kunj Bihari S/O Bhojraj

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

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