BABLU & ORS v. (SINCE DECEASED) THROUGH LRs vs U & ORS. Present
Case Details
DAILY LOK ADALAT DAILY LOK ADALAT BENCH NO.3 504 FAO-7277-2016 (O&M) JEETO DEVI (SINCE DECEASED) THROUGH LRs PURAN SINGH @ BABLU & ORS VS (SINCE DECEASED) THROUGH LRs VS U & ORS. Present:
Legal Reasoning
Mr. PS Jammu, Advocate for the appellant. Mr. PS Jammu, Advocate for the appellant. Mr. Nigam K. Bhardwaj, Advocate with Mr. Nigam K. Bhardwaj, Advocate for Reliance GIC. Ms. Tanu, Advocate for Reliance GIC. * * * * This appeal is directed against the award dated March 29, This appeal is directed against the award dated March 29, This appeal is directed against the award dated March 29, 2014 passed by the learned MACT, Sirsa. Vide this award, an amount 2014 passed by the learned MACT, Sirsa. Vide this award, an amount 2014 passed by the learned MACT, Sirsa. Vide this award, an amount 2014 passed by the learned MACT, Sirsa. Vide this award, an amount has been awarded as compensation in favour of the of Rs.4,29,600/- has been awarded as compensation in favour of the has been awarded as compensation in favour of the of Rs.4,29,600/ claimant/appellant-Jeeto Devi (since deceased) and it has been s claimant/appellant tated Jeeto Devi (since deceased) and it has been stated that the amount of compensation would be paid by the Insurance that the amount of compensation would be paid by the Insurance that the amount of compensation would be paid by the Insurance that the amount of compensation would be paid by the Insurance Company, which shall have right to recover the same from respondent Company, which shall have right to recover the same from respondent Company, which shall have right to recover the same from respondent Company, which shall have right to recover the same from respondent No.2 being registered owner of the truck. Incidentally, respondent No.2 No.2 being registered owner of the truck. Incidentally, respondent No.2 No.2 being registered owner of the truck. Incidentally, respondent No.2 No.2 being registered owner of the truck. Incidentally, respondent No.2 st the matter before the i.e. owner of the offending truck did not contest the matter before the i.e. owner of the offending truck did not conte i.e. owner of the offending truck did not conte learned tribunal nor has he filed any appeal to challenge the aforesaid learned tribunal nor has he filed any appeal to challenge the aforesaid learned tribunal nor has he filed any appeal to challenge the aforesaid learned tribunal nor has he filed any appeal to challenge the aforesaid award. - During the pendency of the present appeal, the claimant During the pendency of the present appeal, the claimant- Jeeto Devi died and her LRs have been brought on record. Jeeto Devi died and her LRs have been brought on record. Jeeto Devi died and her LRs have been brought on record. Learned Learned counsel counsel for for the LRs of the LRs of deceased the deceased the appellant/claimant in his statement submits that the said LRs will feel appellant/claimant in his statement submits that the said LRs will feel appellant/claimant in his statement submits that the said LRs will feel appellant/claimant in his statement submits that the said LRs will feel over & above the amount satisfied if another amount of Rs.5,00,000/- over & above the amount satisfied if another amount of Rs.5,00,000/ satisfied if another amount of Rs.5,00,000/ already awarded by the learned MACT is allowed to them. The proposal already awarded by the learned MACT is allowed to them. The proposal already awarded by the learned MACT is allowed to them. The proposal already awarded by the learned MACT is allowed to them. The proposal nsurance Company. has been accepted by the respondent-Insurance Company. has been accepted by the respondent In view of the above, the appeal is disposed of by In view of the above, the appeal is disposed of by In view of the above, the appeal is disposed of by modifying the award of the learned MACT, Chandigarh to the extent modifying the award of the learned MACT, Chandigarh to the extent modifying the award of the learned MACT, Chandigarh to the extent modifying the award of the learned MACT, Chandigarh to the extent that both the LRs of the deceased appellant/claimant shall be entitled that both the LRs of the deceased appellant/claimant shall be entitled that both the LRs of the deceased appellant/claimant shall be entitled that both the LRs of the deceased appellant/claimant shall be entitled to another amount of Rs.5,00,000/- in equal shar to another amount of Rs.5,00,000/ es, over & above the in equal shares, over & above the amount already awarded by the learned MACT, in full & final amount already awarded by the learned MACT, in full & final amount already awarded by the learned MACT, in full & final amount already awarded by the learned MACT, in full & final satisfaction of the claim. satisfaction of the claim. With this modification only in the aw ard, this appeal is With this modification only in the award, this appeal is
Decision
conditions of the award will remain same. disposed of and rest of the conditions of the award will remain same. disposed of and The Insurance Company is directed to deposit two cheques The Insurance Company is directed to deposit two cheques The Insurance Company is directed to deposit two cheques in the sum of Rs.2,50,000/- each in favour of both the LRs in the sum of Rs.2,50,000/ with the each in favour of both the LRs with the Office of the Lok Adalat of the High Court within a period of six weeks Office of the Lok Adalat of the High Court within a period of six weeks Office of the Lok Adalat of the High Court within a period of six weeks NAINA KATHIAT 2025.05.15 10:24 I attest to the accuracy and integrity of this document today. Failing compliance of the order, interest @ 9% per annum from today. Failing compliance of the order, interest @ 9% per annum today. Failing compliance of the order, interest @ 9% per annum today. Failing compliance of the order, interest @ 9% per annum shall follow on this amount till payment from the date of this order. shall follow on this amount till payment from the date of this order. shall follow on this amount till payment from the date of this order. shall follow on this amount till payment from the date of this order. from the office of the counsel may collect the cheques/drafts from the office of the counsel may collect the cheque The LRs’ counsel may collect the cheque Lok Adalat. The office shall retain Lok Adalat. The office shall retain Lok Adalat. The office shall retain of the photocopies of the photocop the photocop the the cheques/draft /drafts bearing signatures of the counsel for the LRs of the bearing signatures of the counsel for the LRs of the deceased appellant appellant/claimant. Pending miscellaneous applications, if any, stand disposed Pending miscellaneous applications, if any, stand disposed Pending miscellaneous applications, if any, stand disposed of. parties. A copy of this order be given to learned counsel for the A copy of this order be given to learned counsel for the A copy of this order be given to learned counsel for the (G.C. GARG) G.C. GARG) PRESIDENT PRESIDENT ( ) (MAHAVIR SINGH CHAUHAN) MEMBER MEMBER 08.05.2025 08.05.2025 NainaRajput NAINA KATHIAT 2025.05.15 10:24 I attest to the accuracy and integrity of this document