HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B.Civil Restoraton Application No. 397 / 2016 IN S.B. CIVIL APPEAL NO. 1099/2006

1. Smt. Kamla Devi W/o Late Shri Kailash Chand Saini, Aged About 31 Years, Dhani Dedawala, Village Diwrala, Police Thana Ajitgarh, District Sikar ( Raj.)

2. Smt. Dafla Devi @ Dafoo Devi W/o Late Bodu Ram Saini, B/c Saini, Aged About 61 Years, Dhani Dedawala, Village Diwrala, Police Thana Ajitgarh, District Sikar ( Raj.)

----Petitioners Versus

1. Kailash Chand Saini S/o Ganga Ram Saini, B/c Saini ( Driver of Mini Truck No. RJ-32-G-1919, Aged About 31 Years, Village Khatora, Tehsil Shahpura, Police Shahpura, District Jaipur

2. Suresh Kumar Mamodiya S/o Radheshyam Mamodiya, B/c Mahajan ( Driver of Mini Truck No. RJ-32-G-1919 ), Aged About 51 Years, Ward No. 13, New Colony, Police Thana Shahpura, District Jaipur

3. The Oriental Insurance Co. Ltd. Through Divisional Manager, Divisional Officer, Anand Bhawan, Sansar Chand Road, Jaipur ( Raj.)

----Respondents _____________________________________________________

For Petitioner(s) : Mr. Sudhanshu Joshi.

For Respondent(s) : Mr. M.K. Goyal.

_____________________________________________________

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

Judgment / Order

31/01/2017 For the reasons mentioned in the application under Section 5 of Limitation Act, the same is allowed and the delay in filing the restoration application is condoned.

For the reasons mentioned in the restoration application, the same is allowed and the civil miscellaneous appeal is restored to its original number.

This appeal has been filed against the impugned judgment and award passed by the Motor Accident Claims Tribunal for enhancement of the quantum of compensation.

Keeping in view the pious work of Lok Adalat, at this stage, the counsel for both the parties i.e. the claimant/s and the insurance company agree that this appeal may be disposed of on the basis of the compromise.

The learned counsel for the respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.75,000/- in favour of claimants. This amount shall be in addition to the amount awarded by the learned Tribunal and the claimants-appellants are held entitled to get the aforesaid amount.

In view of above, this appeal is partly allowed and it is directed that the respondent-insurance company shall deposit the aforesaid enhanced amount with the learned Tribunal within a period of eight weeks from the date of receipt of certified copy of this order and the same shall be disbursed to the claimant/s immediately. In case the amount is not paid to the claimant/s within the stipulated period of eight weeks, the claimant/s shall be entitled to interest @ 9% per annum on the enhanced amount from the date of passing of this judgment. Rest of the terms under the award shall remain unchanged.

However, it is made clear that if there is any breach of insurance policy or violation of the terms of the policy, the respondent/insurance company shall be at liberty to move an application before the executing court for recovering the amount from the owner of the offending vehicle or he can move an application before this court for recalling of the order.

The impugned award stands modified, as indicated here-in-

above.

(MAHESH CHANDRA SHARMA)J.

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