Allowed

Smt. Vaijantidevi Alias Vimla Devi W/O Rambharosi, v. Manish Kumar Sharma S/O Jagdish Prasad Sharma

Rajasthan HC6 Sept 2024CMAP/222/2024

Case brief

AI extract

What is this about?

This miscellaneous application modifiend a previous judgment. The Court dispensed with service on deceased co-appellants and directed the Motor Accident Claims Tribunal to disburse the entire enhanced compensation and interest to the sole surviving mother.

What did the court decide?

The miscellaneous application was allowed with a direction to the Motor Accident Claims Tribunal to disburse the whole amount of compensation and interest awarded vide order dated 07.10.2023 in favour

Smt. Vaijantidevi Alias Vimla Devi W/O Rambharosi… — Motor Accident Claims | Rajasthan HC (2024)

¶1

[2024:RJ-JP:43080]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Miscellaneous Application No. 222/2024

¶4

¶5

S.B. Civil Miscellaneous Appeal No. 26/2017

¶6

Smt. Vaijantidevi @ Vimla Devi W/o Rambharosi, R/o Katra, Nagla Vankhedi, Nadbai, Tehsil Nadbai, District Bharatpur Raj. at present R/o Mehendipur Balaji, Tehsil Sikrai, District Dausa Raj.

¶7

Rambharosi S/o Jagdish, R/o Katra, Nagla Vankhedi, Nadbai, Tehsil Nadbai, District Bharatpur Raj. at present R/o Mehendipur Balaji, Tehsil Sikrai, District Dausa (Raj.).

¶8

----Applicants/Appellants

¶9

Versus

¶10

Manish Kumar Sharma S/o Jagdish Prasad Sharma, R/o Near Badehi Mandir, Tehsil Road Mehwa, Tehsil Mehwa, District Dausa Raj. Driver of Vehicle Maruti Van No. RJ05-UA-0353.

¶11

Girdhar Prasad S/o Yadram, R/o Rasidpur, Tehsil Mehwa, District Dausa Owner of Vehicle Maruti Van No. RJ-05-UA0353.

¶12

United India Insurance Company Ltd., through Branch Manager, Branch, Dausa Insurance Company of Vehicle Maruti Van No. RJ-05-UA-0353.

¶13

----Respondents

¶14

For Applicants : Mr. Mukesh Pal Jadoun For Respondents : Mr. Chanderdeep Singh Jodha (for respondent No.3-Insurance Company)

¶15

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

¶16

Order

¶17

06/09/2024

¶18

The present miscellaneous application has been filed for modification/clarification of the judgment dated 07.10.2023 passed by this Court in S.B. Civil Miscellaneous Appeal

(2 of 4)

[2024:RJ-JP:43080]

[CMAP-222/2024]

No.26/2017 titled as (Smt. Vaijantidevi & Another Vs. Manish Kumar Sharma & Others).

¶23

Mr. Chanderdeep Singh Jodha-learned counsel appears and accepts notices on behalf of the respondent No.3-Insurance Company.

¶24

Learned counsel for the applicants submitted that service upon the respondent Nos.1 and 2 may be dispensed with. At the risk and peril of learned counsel for the applicants, service upon the respondent Nos.1 and 2 is dispensed with.

¶25

Learned counsel appearing on behalf of the parties jointly prayed that the application be heard and decided finally today itself.

¶26

Learned counsel appearing on behalf of the applicants/appellants submitted that S.B. Civil Miscellaneous Appeal No.26/2017 was filed by the applicants/appellants against the judgment dated 21.11.2016 passed by Motor Accident Claims Tribunal, Dausa (hereinafter referred to as 'learned Tribunal') in claim petition No.96/2014. It is further submitted by learned counsel that during pendency of the appeal the applicant-appellant No.2 Rambharosi has expired and this fact was not brought to the notice of learned counsel for the applicants.

¶27

It is further contended by learned counsel that vide order dated 07.10.2023, the appeal filed by the appellants was partly allowed by this Court and enhanced the amount of compensation, which was ordered to be paid in favour of the claimantsappellants, in terms of the original award. Learned counsel further contended that as per the terms of the award passed by learned

[2024:RJ-JP:43080]

[CMAP-222/2024]

(3 of 4)

Tribunal, some amount of compensation was also to be disbursed in favour of the appellant No.2-Rambharosi.

¶32

Learned counsel also argued that when the order dated 07.10.2023 was submitted before learned Tribunal for disbursement of the award, it came to the knowledge of learned Tribunal that the appellant No.2-Rambharosi has expired and, therefore, fresh order with regard to disbursement of the amount of the compensation requires to be passed by this Court. Learned counsel further argued that after death of the appellant No.2Rambharosi, the only appellant No.1-Smt. Vaijantidevi survives and, therefore, the application be allowed as well as the whole amount of the compensation be disbursed in favour of the sole surviving appellant/applicant No.1.

¶33

Learned counsel appearing on behalf of the respondent No.3Insurance Company has no objection in allowing the application. 9. As per brief facts of the case, due to death of unmarried son Sanjay Kumar Goyal, a claim petition was filed before learned Tribunal by the appellants who are parents of the deceased. Learned Tribunal vide order dated 21.11.2016, allowed the application and awarded the compensation of Rs.9,67,008/- in favour of the appellants.

¶34

Aggrieved by the award passed by learned Tribunal, S.B. Civil Miscellaneous Appeal No.26/2017 was filed by the appellants, which was partly allowed by this Court vide order dated 07.10.2023, wherein the following order was passed:-

¶35

"18. In view of the above, the impugned judgment and award dated 21.11.2016 passed by the Tribunal is modified to the aforesaid extent. The claimants-appellants are entitled to get a sum of Rs.24,68,852/-

(4 of 4)

[2024:RJ-JP:43080]

[CMAP-222/2024]

as compensation. The income tax on the amount of compensation shall be deducted as per Rules. The Insurance Company is directed to deposit enhanced amount of compensation with the Tribunal within a period of two months from the date of receipt of certified copy of this order. After deposition of the said amount, the learned Tribunal is directed to disburse the same in terms of the award. The enhanced amount shall carry 8% interest from the date of filing of claim petition till the actual payment is made.

¶40

The other terms and conditions of the impugned judgment and award shall remain the same."

¶41

Admittedly, the appellant No.2-Rambharosi has expired and therefore, the sole surviving appellant/applicant No.1-Smt. Vaijantidevi, who is mother of the deceased, is entitled to get the whole amount of compensation awarded by this Court vide order dated 07.10.2023.

¶42

In view of the above, the miscellaneous application stands allowed with the direction that learned Tribunal shall disburse the whole amount of compensation as awarded by this Court vide order dated 07.10.2023, including the interest accrued, in favour of the sole surviving appellant/applicant No.1-Smt. Vaijantidevi.

¶43

(ASHUTOSH KUMAR),J

¶44

AARZOO ARORA /09

Smt. Vaijantidevi Alias Vimla Devi W/O Rambharosi, v. Manish Kumar Sharma S/O Jagdish Prasad Sharma

Case brief

What is this about?

What did the court decide?

Smt. Vaijantidevi Alias Vimla Devi W/O Rambharosi, v. Manish Kumar Sharma S/O Jagdish Prasad Sharma

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

Suresh Kumar S/O Ghisaram Vs State of Rajasthan

Ramdayal Andors Vs Madhu Andors

Hanuman Chaudhary S/O Shri Dhannaram Vs State of Rajasthan

Raghavendra @ Rameshwar S/O Shri Narapatsingh Vs State of Rajasthan

Smt. Dhaglai @ Chhoti W/O Late Dhagla Ram, Vs Kamlesh S/O Remeshwar Sharma

Madan Verma S/O Shri Gopal Lal Verma Vs State of Rajasthan