[2026:RJ-JP:28272] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 171/2024 URN: CMAP / 203U / 2024 In S.B. Civil Miscellaneous Appeal No.910/2023 1. Urmila Widow Of Shri Harimohan, aged about 62 years. 2. Chandrashekhar son of Late Shri Harimohan, aged about 44 years. 3. Kapil son of Late Shri Harimohan, aged about 31 years. All are resident of Naivada Colony, Ward No.14, Kherli, Tehsil, Kathumar, District Alwar ----Claimants/Appellants Versus 1. Rinku Sharma S/o Premprakash Sharma, aged about 22 years, R/o Ward No.17, Kherli, Tehsil Kathumar, District Alwar (Raj.) (Driver of vehicle No. RJ-02-UA-7531) 2. Sharda Devi W/o Premprakash, aged about 42 years, R/o Ward No.17, Brijbihar Colony, Kherli, Tehsil Kathumar, District Alwar (Raj.) (Registered owner of vehicle No. RJ-02-UA-7531.) 3. National Insurance Company Ltd., Branch Office Alwar (Raj.) (Insurance Company of Vehicle No.RJ-02-UA-7531) ----Applicant-Non-Claimants/Respondents Connected With S.B. Civil Miscellaneous Application No. 191/2026 URN: CMAP / 253U / 2026 In S.B. Civil Miscellaneous Appeal No.910/2023 1. Urmila widow of Shri Harimohan, aged about 62 years, 2. Chandrashekhar son of Late Shri Harimohan, aged about 44 years, 3. Kapil son of Late Shri Harimohan, aged about 31 years All are resident of Naivada Colony, Ward No.14, Kherli, Tehsil Kathumar, District Alwar (Raj.) ----Claimant/Appellants Versus 1. Rinku Sharma son of Premprakash Sharma, aged about 22 years, Resident of Ward No.17, Kherli, Tehsil Kathumar, District Alwar (Raj.) (Driver of vehicle No. RJ-02-UA-7531) 2. Sharda Devi W/o Premprakash, aged about 42 years, Resident of Ward No.17, Brijbihar Colony, Kherli, Tehsil Kathumar, District Alwar (Raj.) (Registered owner of vehicle No. RJ-02-UA-7531) 3. National Insurance Company Ltd., Branch office Alwar (Raj.) (Insurance company of Vehicle No. RJ-02-UA-7531) ----Non Claimant/Respondents [2026:RJ-JP:28272] (2 of 5) [CMAP-171/2024] For Petitioner(s) : Mr. Ravindra Kumar Tomar (for respondent in SB CMA No.191/2026) For Respondent(s) : Mr. Anshul Sharma Mr. Rishi Pal Agarwal (for appellant in SB CMA No.171/2024) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 17/07/2026 S.B. Civil Miscellaneous Application No. 171/2024 1. The matter comes up on this application filed by the applicant–respondent No.3–National Insurance Company Limited for recalling the order dated 09.12.2023 passed by the National Lok Adalat, and to restore S.B. CMA No.910/2023, for fresh adjudication. 2. As per brief facts of the case, appellants-claimants filed a claim petition, for claiming compensation, due to death of one- Hari Mohan in a motor accident, involving the Vehicle No. RJ-02-UA-7531 (to be insured as offending vehicle). The claim petition was filed against Rinku Sharma-driver and Sharda Devi-owner and National Insurance Company being the insurer of the offending vehicle. The claim petition was disposed of by learned Motor Accident Claims Tribunal, Kathumar, District Alwar (hereinafter referred to as learned 'Tribunal') vide order dated 03.11.2022 and an award of Rs.3,35,700/- was passed. Being dissatisfied by the judgment of the learned Motor Accident Claims Tribunal, claimants filed an appeal for enhancement of the compensation, which came to be registered as S.B. Civil Miscellaneous Appeal No.910/2023. The appeal was referred to [2026:RJ-JP:28272] (3 of 5) [CMAP-171/2024] National Lok Adalat and as both the parties arrived at compromise and respondent No.3-National Insurance Company agreed to pay an amount of Rs.1,13,000/-, therefore, on the basis of the said compromise, on 09.12.2023, National Lok Adalat disposed of the appeal i.e., S.B. Civil Miscellaneous Appeal No.910/2023 and an award accordingly passed. When National Insurance Company started process for compliance of the award of National Lok Adalat then only the National Insurance Company came to know that it was not the insurer of the offending vehicle and the offending vehicle was insured by one Universal Sompo General Insurance Company Limited, therefore, National Insurance Company was not liable to satisfy the award. 3. It is also pertinent to mention, that during the pendency of the claim petition, an application was also filed on 19.09.2019 informing the learned Tribunal that in the claim petition itself the name of National Insurance Company has been wrongly mentioned as the insurer of the offending vehicle, whereas, the offending vehicle was insured with Universal Sompo General Insurance Company Limited. Therefore, it was prayed to make necessary amendment in the cause title of the claim petition. The application was allowed and learned Tribunal ordered that in place of National Insurance Company, the name of Universal Sompo General Insurance Company Limited be substituted. However, no amendment so ordered was made in the cause title. Therefore, National Insurance Company remained as respondent No.3 in claim petition as well as in S.B. Civil Miscellaneous Appeal No. 910/2023. [2026:RJ-JP:28272] (4 of 5) [CMAP-171/2024] 4. When this mistake came into the knowledge of the parties including both the Insurance Companies, an application was moved before the learned Tribunal to the effect that name of the National Insurance Company has been wrongly named and in place of National Insurance Company, name of Universal Sompo General Insurance Company Limited be mentioned, therefore, in the award dated 03.11.2022, name of Universal Sompo General Insurance Company Limited be mentioned and name of National Insurance Company be deleted. On that application, vide order dated 22.01.2025, learned Tribunal made the necessary correction in the cause title of the impugned award and after deleting the name of National Insurance Company, the name of Universal Sompo General Insurance Company Limited was added as respondent No.3. 5. Learned counsel for the applicant, therefore, prayed that the order dated 09.12.2023 passed by National Lok Adalat be recalled and the appeal be restored to its original number so that the same may be disposed of by amending the cause title accordingly. 6. Heard the submissions made by learned counsel for the applicant. 7. This Court finds that the learned Tribunal had allowed the application filed by the claimants for substitution of Universal Sompo General Insurance Company Limited in place of National Insurance Company Limited as respondent No.3. However, the consequential amendment in the cause title was not carried out and the award dated 03.11.2022 continued to reflect the name of National Insurance Company Limited. This Court also finds that after passing of the order of substitution, Universal Sompo [2026:RJ-JP:28272] (5 of 5) [CMAP-171/2024] General Insurance Company Limited contested the claim petition before the learned Tribunal and also satisfied the award passed by the learned Tribunal. 8. In the facts and circumstances of the case, the request made by learned counsel appearing for the applicant is genuine and the order/award passed by the National Lok Adalat deserves to be recalled. 9. Accordingly, the application for recalling the order dated 09.12.2023 is allowed; the order dated 09.12.2023 passed by National Lok Adalat is recalled and S.B. Civil Miscellaneous Appeal No.910/2023 is ordered to be restored to its original number and be listed for admission after two weeks. S.B. Civil Miscellaneous Application No. 191/2026 Learned counsel for the applicant submits that this application may be disposed of with liberty to the appellants to file appropriate application for amending the cause title of the S.B. Civil Miscellaneous Appeal No. 910/2023. Therefore, the application No.191/2026 stands disposed of, with the above liberty. (ASHUTOSH KUMAR),J 140-141/TANISHA