Dirawar Singh vs Girdhari Singh And Ors
2022 Latest Caselaw 7709 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1997/2017

Dirawar Singh S/o Shri Ram Singh, By Caste Rajput, Resident Of Khetusar, Tehsil Phalodi, District Jodhpur. At Present Resident Of 41, Shikshak Colony, Near Chopasani School, Jodhpur.

----Appellant Versus

1. Girdhari Singh S/o Shri Ram Singh, By Caste Rajput, Resident Of Khetusar, Tehsil Phalodi, District Jodhpur. (Driver Truck No. GJ 5 AV 6801)

2. Jalam Singh S/o Shri Pep Singh, By Caste Rajput, Resident Of 467/2, Kumbharima, Tehsil Choryashi, B O Surat, Gujarat. (Registered Owner Truck No. GJ 5 AV 6801)

3. Cholamandalam Ms General Insurance Co. Ltd., Office Green House, 6Th Floor, Ashok Marg, C Scheme, Jaipur, Head Office "dare House" 2Nd Floor, No. 234, Nsc Bose Road, Chennai- 600001. (Insurer Truck No. GJ 5 AV 6801)

----Respondents

For Appellant(s) : Mr. S.K. Sankhala For Respondent(s) : Mr. Vipul Solanki Mr. Aditya Singhi

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

23/05/2022

Instant Misc. Appeal has been filed by the appellant-claimant

against the judgment and award dated 03.03.2017 passed by

learned Motor Accident Claims Tribunal, Jodhpur Metro, whereby

the learned Tribunal has awarded a compensation of Rs.

12,95,802/-in favour of the appellant-claimant.

(2 of 2) [CMA-1997/2017]

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 have also

produced before the Court a memorandum of understanding dated

23.05.2022, which is taken on record 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.4,50,000/- lump-sum in addition to the compensation already

awarded to the claimant along with the interest from the date of

filing of the claim. 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. 4,50,000/- 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, if received, be sent back.

(MADAN GOPAL VYAS),J C-Bharti/-

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