Rajasthan High Court - Jodhpur
Shambhu Lal vs Panna Lal And Ors. (2025:Rj-Jd:5412) on 28 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:5412]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1128/2009
Shambhu Lal
----Appellant
Versus
Panna Lal And Ors.
----Respondents
For Appellant(s) : Mr. Deelip Kawadia
For Respondent(s) : Mr. Vinay Kothari
HON'BLE MS. JUSTICE REKHA BORANA
Order 28/01/2025
1. A joint submission has been made by learned counsel for the claimant and the Insurance Company that a compromise has been entered into between the parties in the spirit of Lok Adalat.
2. Mr. Sanjay Singh has been authorised by the Insurance Company to enter into the said compromise.
3. The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded vide judgment/award dated 27.04.2009 passed by learned Motor Accident Claims Tribunal, Salumber, District Udaipur (Raj.) in MAC Case No.111/2007 whereby the claim of the appellant seeking compensation against the respondents was partly allowed holding defendant No.3-Insurance Company also jointly and severally liable to pay compensation of Rs.60,000/- with interest @9% per annum.
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[2025:RJ-JD:5412] (2 of 2) [CMA-1128/2009]
4. Learned counsels for the parties have placed on record a memorandum of understanding/compromise entered into between the parties, which is taken on record.
5. In view of the above and in spirit of Lok Adalat, the compensation amount as awarded by the impugned judgment/award dated 27.04.2009 is further enhanced by Rs.1,00,000/- in favour of the claimant-appellant as a full and final settlement of the case. The amount so agreed shall be deposited by the Insurance Company with the Tribunal within a period of three 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 claimant-appellant.
6. The appeal is disposed of with the above observations.
7. Pending applications, if any, stand disposed of.
8. Let record be sent back to the learned Tribunal forthwith.
(REKHA BORANA),J 669-KashishS/-
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