Vimla Devi vs Champa Lal
2022 Latest Caselaw 4814 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2412/2018

1. Vimla Devi W/o Late Omprakash, Aged About 25 Years, B/c Meghwal, R/o Village Datina, Tehsil Khinwsar, And District Nagaur.

2. Aayush S/o Late Omprakash, Aged About 3 Years, B/c Meghwal, R/o Village Datina, Tehsil Khinwsar, And District Nagaur. (Applicant No. Through His Natural Mother Applicant No. 1)

3. Bhanwari Devi W/o Kishna Ram, Aged About 56 Years, B/ c Meghwal, R/o Village Datina, Tehsil Khinwsar, And District Nagaur.

4. Kishna Ram S/o Dhuda Ram, Aged About 61 Years, B/c Meghwal, R/o Village Datina, Tehsil Khinwsar, And District Nagaur.

----Appellants Versus

1. Champa Lal S/o Babu Lal, B/c Gurada (Guru) R/o Pabusar, Police Station Panchodi, Tehsil Khinwsar, District Nagaur (Owner And Driver Bolero Camper No. R J 21/ga 6799)

2. Branch Manager, Chola Mandlam Investment M S General Ins. Company Limited, Branch Office L K Complex, First Floor, Sainik Basti Sugan Circle, Nagaur. Second Address- Head Office, Chola Mandlam Investment M S General Insurance Company Limited, Second Floor, Dayer House, 2 Netaji Subash Chandra Bose Road, Chennai-600001 (Insurance Company Of Bolero No. R J 21/ga 6799)

----Respondents

For Appellant(s) : Mr. Yuvraj Sonel For Respondent(s) : Mr. Aditya Singhi

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

30/03/2022 Instant Misc. Appeal has been filed by the appellants- claimants against the judgment and award dated 09.01.2018

(2 of 2) [CMA-2412/2018]

passed by learned Motor Accident Claims Tribunal, Nagaur whereby the learned Tribunal has awarded a compensation of Rs. 11,44,500/- 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.75,000/- lump-sum in addition to the compensation already awarded to the claimant. The enhanced amount of compensation be paid within a period of two month from today and if the enhanced amount is not paid within the stipulated time, then the insurance company shall also pay interest @ 6% per annum over the enhanced amount from the date of this order. The enhanced amount shall be deposited in the Learned Tribunal. Upon depositing the aforesaid enhanced amount of Rs.75,000/- 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, if received, be sent back.

(MADAN GOPAL VYAS),J 70(S)-neha/-

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