HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Misc. Application No. 73/2023

in

S.B. Civil Misc. Appeal No.2733/2007

The United India Insurance Company Ltd., Divisional Office,

Mandia Road, Pali (Raj.). (Insurer Vehicle Loading Tempo Rj 22 G

1394)

----Petitioner

Versus

1.

Suresh Alias Surya Bhan S/o Shri Bansi Lal, Aged About

31 Years, R/o Dhakari, Tehsil Sojat District Pali (Raj.).

(Claimant/appellant)

2.

Ratan Lal S/o Sh. Prema Ram, R/o Nahra Bera, Agla-8,

Sojat City, District Pali (Raj). (Owner Cum Driver Tempo

Rj 22 G 1394)

----Respondents

For Petitioner(s)

:

Mr. Mahesh Joshi

For Respondent(s)

:

Mr. Awar Dan Charan

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

20/10/2023

The matter is listed today for orders on the civil misc.

application No.73/2023 preferred by the United India Insurance

Company Ltd for recalling of the order dated 09.09.2023 passed in

National Lok Adalat while deciding S.B. Civil Misc. Appeal

No.2733/2007.

2.

Mr. Mahesh Joshi, counsel representing the applicant-

Insurance Company, submits that the enhancement appeal

preferred by the claimant was decided by this Court in the spirit of

Lok Adalat on 09.09.2023. However, the applicant-Insurance

(2 of 2)

[CMAP-73/2023]

Company inadvertently conceded for recording its consent to

decide the appeal in the spirit of Lok Adalat. It is contended that

the learned Motor Accident Claims Tribunal, Sojat City while

deciding the claim by its judgment and award dated 30.10.2007

totally exonerated the Insurance Company of the liability to bear

the award and therefore, the company could not have consented

for disposal of the appeal in the spirit of Lok Adalat. He thus

prays that the recalling application be accepted, the order dated

09.09.2023 passed in S.B. Civil Misc. Appeal No.2733/2007 be

recalled and the appeal be directed to be listed for fresh hearing

on merits.

3.

Mr. Awar Dan Charan, learned counsel representing the

claimant, is not in a position to dispute the fact that the Insurance

Company has been exonerated by the Tribunal while issuing the

award dated 30.10.2007 and thus was not competent to give

consent for disposal of the appeal in the spirit of Lok Adalat.

4.

As a consequence of the above discussion, the miscellaneous

application deserves to be and is hereby allowed. The order dated

09.09.2023 passed by this Court in the spirit of Lok Adalat while

disposing of S.B. Civil Misc. Appeal No.2733/2007 is recalled. The

appeal is directed to be listed on 04.12.2023 for hearing on

merits.

(MADAN GOPAL VYAS),J

489-Bharti/-