Smt. Manchi Devi And Anr vs Firoz Khan And Ors
2022 Latest Caselaw 12036 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 298/2016

1. Smt. Manchi Devi W/o Late Laxman Damor aged 40 years

2. Vipin S/o Late Laxman Damor Aged 23 years R/o Mandli, Tehsil Simalwada, District Dungarpur

----Appellants Versus

1. Firoz Khan Pathan S/o Shri Gaffur Khan Pathan, R/o Behind Sessions Court, Godhara, district Panchamahal, Gujarat

2. Hojefa Mohd. S/o Seyyad Mitha R/o Mohammadi Mohalla, Godhara, District Panchamahal,Gujarat

3. Reliance General Insurance Co. Ltd., Reliance Center, 19 Valchand-Heerachand Marg, Balai Estate Mumbai through Manager, Branch Office, Queen Road, Vaishali Nagar Jaipur

----Respondents

For Appellant(s) : Mr. R.S. Mankad For Respondent(s) : Mr. Vishal Singhal

HON'BLE MR. JUSTICE FARJAND ALI

Judgment

29/09/2022

Learned counsel representing the parties have submitted a

Memorandum of Understanding as per which, the matter between

the parties has been mutually compromised in the spirit of Lok

Adalat and in addition to the amount of compensation already

awarded by the learned Tribunal to the claimant, a sum of

Rs.3,65,000/- is agreed to be paid by the respondent Insurance

Company to the claimants as enhanced compensation by way of a

full and final settlement of the case. As per the memo of

understanding, the enhanced amount of compensation shall be

deposited by the respondent No.3 Insurance Company with the

(2 of 2) [CMA-298/2016]

Tribunal within two months from today. It is also agreed that the

Insurance Company does not dispute its joint and several liability

to indemnify the claim along with the owner and driver of the

offending vehicle.

The memo of understanding shall constitute a part of the

award.

Accordingly, the appeal deserves to be allowed in part in

terms of the undertaking furnished by the parties. The

compensation awarded by the learned MACT, Dungarpur in Claim

Case No.210/2012 is further enhanced by Rs.3,65,000/- in favour

of the claimants/appellants as a full and final settlement of the

case. The amount so agreed shall be deposited by the respondent

Insurance Company with the Tribunal within a period of two

months from today failing which, the same shall carry interest @

9% per annum from the date of this order till actual realization.

The enhanced amount of compensation shall be disbursed to the

claimants in terms of the award.

The impugned award dated 14.10.2015 passed by learned

MACT, Dungarpur is modified accordingly.

The appeal is partly allowed in these terms.

(FARJAND ALI),J

-Mamta/-

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