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2026 DAILYLAW 8078 (RAJ)

SMT. DHANNI DEVI WIFE OF LATE BHANWRARAM v. SURESH KUMAR JAT SON OF CHOKHARAM

CMAP/116/2026 · 2026-05-14

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:20370] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 116/2026 In S.B. Civil Misc. Appeal No. 1444/2025 1. Smt. Dhanni Devi Wife of Late Bhanwraram, Aged 49 Years 2. Sushil Kumar Son of Late Bhanwraram, Aged 29 Years 3. Manoj Kumar Son Of Late Bhanwraram, Aged 34 Years All Resident of Ward No. 1, Near Mohan Lal Ji Duggad Ki Bagichi, Mohalla Maliyon Ka, Behind Moti Hotel, Fatehpur, District Sikar, At Present Resident Of Village Harsh, Tehsil And District Sikar, Rajasthan. ----Claimants-Appellants/Applicants Versus 1. Suresh Kumar Jat Son of Chokharam, Resident of Village Lalas, Tehsil Nawa, District Nagaur, Rajasthan (Driver Roadways Bus No. RJ-14-PE-5355). 2. General Manager, Rajasthan State Roadways Transport Corporation, Head Office At Parivahan Marg, Jaipur, Rajasthan(Owner Roadways Bus No. RJ-14-PE-5355). 3. Manager, Rajasthan State Roadways Transport Corporation, Local Depot Sikar (Owner Roadways Bus No. RJ-14-PE-5355). ----Non-claimants/Respondents For Applicants : Mr. Vinay Mathur, Adv., Mr. Aashish Mittal, Adv. & Ms. Vinita Saini, Adv. For Respondents No.2 & 3 : Mr. Sagar Jindal, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 14/05/2026 1. The present miscellaneous application has been filed by applicants-claimants seeking modification/correction in the judgment dated 22.01.2026 passed by this Court in S.B. Civil [2026:RJ-JP:20370] (2 of 3) [CMAP-116/2026] Miscellaneous Appeal No. 1444/2025 titled as 'Smt. Dhanni Devi & Ors. Vs. Suresh Kumar & Ors.' 2. Learned counsel for the applicants-claimants submits that the said appeal was preferred by the claimants-appellants against the judgment and award dated 29.01.2025 passed by learned Motor Accident Claims Tribunal, Sikar (hereinafter referred to as learned 'Tribunal') in M.A.C. No. 387/2021, whereby, the claim petition filed by the claimants-appellants was partly allowed and and an award of Rs.11,10,138/- along with the interest @ 8% per annum has been passed in favour of the claimants-appellants. It is further submitted that this Court vide judgment dated 22.01.2026, enhanced the impugned award under the heads of 'loss of future income' as well as other conventional heads, however, in the table of Para 15 of the judgment, this Court inadvertently, failed to include the amount of medical expenses i.e. Rs.1,08,378/- as awarded by learned Tribunal in the impugned award for the treatment of the deceased. 3. In such circumstances it is prayed that, it is the present application be allowed and necessary correction be made in the judgment dated 22.01.2026 passed by this Court in S.B. Civil Miscellaneous Appeal No. 1444/2025. 4. Learned counsel-Mr. Sagar Jindal puts in appearance on behalf of the respondents No.2 and 3. 5. Having heard learned counsel for the parties and after perusing the material available on record, this Court is of the view that the correction/modification sought for is essential. 6. Accordingly, the present application stands allowed and the judgment dated 22.01.2026 passed by this Court in S.B. Civil [2026:RJ-JP:20370] (3 of 3) [CMAP-116/2026] Miscellaneous Appeal No. 1444/2025 is modified to the extent of addition of medical expenses i.e. Rs.1,08,378/-, as awarded by learned Tribunal, in the enhanced amount. 7. Thus, the table mentioned in Para 15 of the judgment dated 22.01.2026 is hereby revised and be read as follows:- Øe la- 'kh"kZ@en bl fu.kZ; ds rgr fu/kkZfjr dh x;h jkf’k ¼:i;s esa½ 1- bZykt esa O;; gqbZ jkf'k ¼fcyksa ds vuqlkj½ 1]08]378@& 2- vkfJr vk; dh {kfr ds en esa 10]10]100@& 3- dalksfVZ;e ds en esa dqy 1]32]000@& 4- vafre laLdkj ds en esa 16]500@& 5- lEink dh gkfu ds en esa 16]500@& bl U;k;ky; }kjk fu/kkZfjr dh xbZ dqy {kfriwfrZ jkf'k 12]83]478@& fo}ku vf/kdj.k }kjk fnyokbZ xbZ {kfriwfrZ jkf'k ¼&½ 11]10]138@& c<+ksrjh i'pkr {kfriwfrZ jkf'k esa varj 1]73]340@& 8. As a consequence of above, the enhanced amount Rs.11,75,100/- mentioned in Para 16 of the judgment dated 22.01.2026, shall be read as Rs.12,83,478/-. 9. This order shall be treated part and parcel of the judgment dated 22.01.2026 passed by this Court in S.B. Civil Miscellaneous Appeal No. 1444/2025. (ASHUTOSH KUMAR),J AARZOO ARORA /82-S.