Rajasthan High Court - Jodhpur
Smt. Jamna And Ors vs Vinod Singh And Anr. ... on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44265]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1762/2014
Smt. Jamna And Ors.
----Appellants
Versus
Vinod Singh And Anr.
----Respondents
For Appellant(s) : Mr. Manish Pitaliya
For Respondent(s) : Mr. Santosh Choudhary
Mr. Neeraj Bajaj, Legal Manager,
Bharti AXA GIC Ltd.
HON'BLE MS. JUSTICE REKHA BORANA
Order 18/12/2023
1. A submission has been made by the learned counsel for the parties that a compromise has been entered into between the parties in the spirit of Lok Adalat and as the National Lok Adalat scheduled to be held on 09.12.2023 has not been held, a permission for listing the case has been made.
In view of the above request, the appeal has been permitted to be listed today.
2. The present civil misc. appeal has been preferred by the appellants seeking enhancement of the compensation amount as awarded by judgment dated 04.08.2014 passed in MAC Case No.623/2012 by learned Motor Accident Claims Tribunal No.2, Udaipur, whereby the claim of the appellants seeking compensation against the respondents was partly allowed holding defendant No.2 also liable to pay compensation of Rs.7,23,000 with interest @ 8% per annum.
(Downloaded on 20/12/2023 at 08:51:18 PM)
[2023:RJ-JD:44265] (2 of 2) [CMA-1762/2014]
3. Learned counsel for the parties, in the spirit of Lok Adalat, have placed on record a memorandum of understanding/ compromise entered into between the parties, which is taken on record.
4. In view of the above and in spirit of lok adalat, the compensation amount as awarded by the impugned judgment dated 04.08.2014 is further enhanced by Rs.3,80,000/- in favour of the claimants-appellants as a full and final settlement of the case. The amount so agreed shall be deposited by respondent No.2 Insurance Company with the Tribunal within a period of two months from today failing which, the same shall carry interest @7.5% per annum from the date of this order till actual realization. The enhanced amount of compensation be disbursed/deposited in terms of the award in the saving bank account of the claimants-appellants. The impugned judgment/award dated 04.08.2014 passed by MACT No.2, Udaipur in MAC Case No.623/2012 is modified accordingly.
5. In view of the above, the appeal is disposed of.
6. Office is directed to send back the record, if any, forthwith.
(REKHA BORANA),J 518-Vij/-
(Downloaded on 20/12/2023 at 08:51:18 PM) Powered by TCPDF (www.tcpdf.org)