SMT. SAJNA DEVI W/O SURENDRA SINGH v. I.F.F.C.O. TOKIO GENERAL INSURANCE COMPANY LTD.
CMAP/177/2024 · 2025-01-09
Ashutosh Kumar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15990 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15990 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1257] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 177/2024
1. Smt. Sajna Devi W/o Surendra Singh, Aged About 35 Years, R/o Bhajnawas, Tehsil Mundawar, District Alwar (Raj.)
2. Shivam S/o Surendra Singh, Aged About 15 Years, Minor Through Their Natural Guardian Mother Smt. Sajna Devi W/o Surendra Singh, R/o Bhajnawas, Tehsil Mundawar, District Alwar (Raj.)
3. Anushka D/o Surendra Singh, Aged About 13 Years, Minor Through Their Natural Guardian Mother Smt. Sajna Devi W/o Surendra Singh, R/o Bhajnawas, Tehsil Mundawar, District Alwar (Raj.)
4. Smt. Bala Devi W/o Ratan Singh @ Ratanlal, Aged About 59 Years, R/o Bhajnawas, Tehsil Mundawar, District Alwar (Raj.)
5. Ratan Singh @ Ratanlal S/o Ramkunwar, Aged About 64 Years, R/o Bhajnawas, Tehsil Mundawar, District Alwar (Raj.) ----Applicants Versus
1. I.f.f.c.o. Tokio General Insurance Company Ltd., Through Its Regional Manager, Regional Office At Third Floor, Near Rajputana, Khatipura Tiraha, Viashali Nagar, Hanuman Nagar, Jaipur (Raj.) (Insurance Company Of Vehicle Bolero Pick Up No. Rj-32-Ga-8488)
2. Surendra Kumar S/o Murari Lal, R/o Village Chabdiwas, Post Babriya, Tehsil Bansur, District Alwar (Raj.) (Owner Of Vehicle Bolero Pick Up No. Rj-32-Ga-8488)
3. Mohan Lal S/o Chaju Ram, R/o Village Majra Dakoda, Tehsil Bansur, District Alwar (Raj.) (Power Of Attorney Holder Owner Of Vehicle Bolero Pick Up No. Rj-32-Ga- 8488)
4. Maleyram S/o Mathura Prasad, R/o Bansur Road, Mohalla Badabas, Tehsil Kotputli, District Jaipur (Raj.) (Driver Of Vehicle Bolero Pick Up No. Rj-32-Ga-8488) ----Respondents
[2025:RJ-JP:1257] (2 of 3) [CMAP-177/2024] For Applicant(s) : Mr. Gaurav Gupta For Respondent(s) : Ms. Rajni Vyas HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 09/01/2025
1. The matter comes upon an application No.177/2024 in S.B. Civil Miscellaneous Appeal No.4990/2017 for modification of the
order dated 29.09.2023 passed by this Court.
2.
Learned counsel for the applicants submits that while granting an amount of Rs.21,24,099/- under the head of future prospects, no interest was granted on this head to the applicants by the learned Tribunal. This Court while deciding the CMA No.4990/2017 held that learned Tribunal has erred in not granting interest on the amount of future prospects and also held that interest on the amount of future prospects should be granted in favour of the applicants. However, due to inadvertence, the order of granting interest on future prospects was not given. To that extent, the order of this Court dated 29.09.2023 passed in CMA No.4990/2017 requires modification.
3. Heard and perused the material available on record.
4. For the reasons stated, the application is allowed. The order passed by this Court on 29.09.2023 is modified and it is ordered that the applicants are also entitled for the interest @8% from the
[2025:RJ-JP:1257] (3 of 3) [CMAP-177/2024] date of filing of the petition on the amount of future prospects i.e. Rs.21,24,099/-, which has been awarded by the learned Tribunal.
5. This order shall be a part of the order passed by this Court dated 29.09.2023 in CMA No.4990/2017.
(ASHUTOSH KUMAR),J TANISHA /1