Santosh And Ors vs Bhag Chand And Ors
2022 Latest Caselaw 2800 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 264/2013

1. Santosh Wd/o Subhash Singh, Age 21 years,

2. Bholi Devi Wd/o Roop Singh, Age 46 years,

3. Bharat Singh S/o Subhash Singh, Age 2 1/2 years,

4. Leela D/o Roop Singh, Age 18 years,

5. Rukma D/o Roop Singh, Age 16 years, All B/c Rawat, R/o Village Dholiya, Tehsil Raipur, District Pali. Appellants No.3 & 5 are minor through their natural guardian Santosh (Appellant No.1)

----Appellants Versus

1. Bhagchand S/o Rameshwar Ji, B/c Jat, R/o Amarwasi, Tehsil Jajpur. (Driver)

2. Jagdish Prasad S/o Nathu Ram, B/c Jangid, R/o Shahpura, Bheru Colony, District Jaipur. (Owner)

3. The Oriental Insurance Co. Ltd, LIC Bhawan, Mandiya road, Pali . (Insurer)

----Respondents

For Appellant(s) : Mr. Ravi Panwar For Respondent(s) : Mr. Pawan Ojha

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

18/02/2022

At the request of counsel for the appellants, service of notice

upon respondents No.1 & 2 is hereby dispensed with.

Mr. Pawan Ojha, Adv. is appearing on behalf of respondent

No.3 Insurance Company. Hence, service is complete.

Heard.

Instant misc. appeal has been filed by the appellants-

claimants against the judgment and award dated 28.06.2012

passed by learned Motor Accident Claims Tribunal, Jaitaran,

(2 of 2) [CMA-264/2013]

District Pali whereby the learned Tribunal has awarded a

compensation of Rs.6,38,200/- in favour of the appellants-

claimants.

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

appellants-claimants and respondent Insurance Company have

mutually settled the amount of compensation and pray to dispose

of the appeal in the spirit of Lok Adalat.

In the spirit of Lok Adalat and with the consent of counsel for

the parties, the amount of compensation is further enhanced by

Rs.3,50,000/- lump-sum in addition to the compensation already

awarded to the claimants. 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 @ 7% per annum over

the enhanced amount from the date of this order. The enhanced

amount shall be deposited in the saving account of the claimants,

details of which shall be furnished by the claimants before the

Tribunal. Upon depositing the aforesaid enhanced amount of

Rs.3,50,000/- by the Insurance Company, the same shall be

disbursed to the appellants-claimants immediately and the entire

claim of the claimants 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

MS/-

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