Hemandra Kumar Bhati vs Sarwar Shaiyad Miya And Ors
2022 Latest Caselaw 2115 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 534/2015

Hemandra Kumar Bhati S/o Shri Dev Krishana Bhati, B/c Brahmin, Aged 47 years, R/o Village Bhilwara, Tehsil Sogwada, District Dungarpur (Raj.)

----Appellant Versus

1. Sarwar Shaiyad Miya s/o Shri Anwar Miya, b/c Musalman, R/o Jumma Khan Pathan Ki Pal, Rakhiyal, Ahmedabad (Gujrat) (Driver)

2. Saidulmoor Salim S/o Mohammad Jayad Rajput Musalman, B/c Musalman, R/o 766-5220, Housing Board, Block No.764- 5169 to 766-5240, Lal Bahadur Shashtri Nagar, Bapu Bazar, Ahemdabad (Gujrat) (Owner)

3. The Reliance General Insurance Company Ltd. Branch 4 th Floor, Ajay Bungalow, Opposit HDFC Bank, near Minakshi Rasta, Navarangpura, Ahmedabad (Gujart) (Insurer)

----Respondents

For Appellant(s) : Mr. Mahendra Trivedi through VC For Respondent(s) : Mr. Vishal Singhal through VC

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

07/02/2022

An application under Section 5 of the Limitation Act has been

filed for condonation of delay in filing the appeal.

For reasons stated in the application, the application is

allowed. The delay in filing the appeal is hereby condoned.

The matter is taken up today itself.

Instant misc. appeal has been filed by the appellant-claimant

against the judgment and award dated 10.11.2014 passed by

learned Additional District & Session Judge, Dungarpur

(2 of 2) [CMA-534/2015]

whereby the learned Tribunal has awarded a compensation of

Rs.1,70,300/- in favour of the appellant-claimant.

During the pendency of the appeal, both the parties i.e.

appellant-claimant and respondent Insurance Company have

mutually settled the amount of compensation and pray to dispose

of the appeal in the spirit of Lok Adalat.

With the spirit of Lok Adalat and with the consent of counsel

for the parties, the amount of compensation is further enhanced

by Rs. 2,00,000/- in addition to the compensation awarded to the

claimant. The enhanced amount of compensation be paid within a

period of two months from today and if the enhanced amount is

not paid within the stipulated time, then the insurance company

shall also pay interest @ 9% per annum over the enhanced

amount from the date of this order. Upon depositing the aforesaid

enhanced amount of Rs.2,00,000/- by the Insurance Company,

the same shall be disbursed to the appellant-claimant immediately

and the entire claim of the claimant shall be deemed to be

satisfied.

In view of above, the appeal is disposed of.

Record of the Tribunal received, if any, be sent back.

(MANOJ KUMAR GARG),J

c-1-MS/-

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