Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 39149 (RAJ)

AKTHAR KHAN v. MOOSA RAM

CMAP/67/2008 · 2025-05-02

Maneesh Sharma

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:18534] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 67/2008 Akthar Khan S/o Hussain Khan, R/o village Savdi Ka Bas, Police Station Malakhera, District Alwar (Raj.). ----Claimant-Appellant Versus 1. Moosa Ram S/o Ram Dayal, R/o village Bhopala Ki Dhhani, Police Station Tehla, District Alwar. 2. Smt. Javtri Devi, W/o Kailash Chand, R/o 26 Bank Colony, Alwar. 3. The New India Assurance Company Ltd., Branch at Alwar having it's Regional Officer at Nehru Place, Tonk Road, Jaipur, through it's Regional Manager. ----Non-Claimant-Respondents For Petitioner(s) : Mr. D.K. Bharadwaj For Respondent(s) : Mr. Kapil Mathur HON'BLE MR. JUSTICE MANEESH SHARMA Order 02/05/2025 1. The instant application has been filed under Section 151 CPC on behalf of the appellant for modification of the order dated 10.03.2008 passed by the Co-ordinate Bench of this Court. 2. Learned counsel for the appellant submits that while enhancing the amount of compensation from Rs.63,200/- to Rs.98,807/-, this Court held in concluding part of the order that interest awarded by the Tribunal is maintained. Learned counsel for the appellant submitted that though at the time of hearing of arguments, the Hon'ble Court pleased to grant interest @ 6% p.a. to the claimants but inadvertently such relief was not granted. He further submits that in similar circumstances he filed S.B. Civil [2025:RJ-JP:18534] (2 of 2) [CMAP-67/2008] Miscellaneous Application No. 68/2008 in S.B. Civil Miscellaneous Appeal No.350/2005 decided on 16.11.2011. This Hon'ble Court while considering similar application has modified the order and granted interest @ 6% p.a. to the claimants from the filing of the claim petition till actual payment. 3. Per contra, learned counsel for the respondent opposed the request. 4. Having considered the submissions of the parties and perused the order. 5. From perusal of the similar order passed by this Court in S.B. Civil Misc. Application No.68/2008 on 16.11.2011, identical prayer was allowed. Thus, it appears that though compensation was enhanced but the interest amount was not awarded due to some bona fide mistake/inadvertence. 6. In these circumstances, this application for modification is allowed and the order dated 10.03.2008 is modified with further direction to the Insurance Company to pay interest @ 6% p.a. to the claimants from the date of filing of the claim petition till actual payment. 7. The application stands disposed of. (MANEESH SHARMA),J DEEPA RANI -6