Rajasthan High Court - Jodhpur
Babu Ram vs Ajma Ram (2023:Rj-Jd:44056) on 15 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44056]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 990/2023
Virma Ram S/o Shri Bhera Ji, Aged About 48 Years, B/c Grasiya
R/o Nichlibor, Nichalgarh Tehsil Abu Road District Sirohi
----Appellant
Versus
1. Ajma Ram S/o Shri Nawa Ram, B/c Grasiya R/o Nichlibor,
Nichalgarh Tehsil Abu Road District Sirohi (Owner)
2. Kana Ram S/o Ranchoddram Ji, B/c Rebari R/o Marol
Tehsil Reodar District Sirohi(Raj) Insurance Holder
3. The Icici Lombard General Insurance C0Mpany Ltd,
Through Manager 48 Panchwati Second Floor Hero Honda
Building Udaipur (Raj) (Insurer)
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 928/2023
1. Babu Ram S/o Shri Bhoma Ji, Aged About 42 Years, By
Caste Grasiya, Resident Of Uplagarh, Tehsil Aburoad,
District Sirohi (Raj.)
2. Padma Ram S/o Babu Ram Ji, Aged About 17 Years, Minor
Through Their Natural Guardian Father Appellant No. 1
Babu Ram S/o Shir Bhoma Ji, By Caste Grasiya, Resident
Of Uplagarh, Tehsil Aburoad, District Sirohi (Raj.)
3. Pankhu Kumari D/o Shri Babu Ram Ji, Aged About 14
Years, Minor Through Their Natural Guardian Father
Appellant No. 1 Babu Ram S/o Shir Bhoma Ji, By Caste
Grasiya, Resident Of Uplagarh, Tehsil Aburoad, District
Sirohi (Raj.)
4. Sardar Ram S/o Shri Babu Ram Ji, Aged About 12 Years,
Minor Through Their Natural Guardian Father Appellant
No. 1 Babu Ram S/o Shir Bhoma Ji, By Caste Grasiya,
Resident Of Uplagarh, Tehsil Aburoad, District Sirohi
(Raj.)
----Appellants
Versus
1. Ajma Ram S/o Shri Nawa Ram Ji, By Caste Grasiya,
Resident Of Nichlibor, Nichlagarh, Tehsil Aburoad, District
Sirohi. (Raj.) (Owner)
(Downloaded on 21/12/2023 at 09:12:01 PM)
[2023:RJ-JD:44056] (2 of 5) [CMA-990/2023]
2. Kana Ram S/o Shri Ranchhodram Ji, By Caste Rebari,
Resident Of Marol, Tehsil Reodar, District Sirohi (Raj.)
(Insurance Holder)
3. The Icici Lombard General Insurance Company Limited,
Through Managaer, 48 Panchwati, Second Floor, Hero
Honda Building, udaipur. (Insurer)
----Respondents
For Appellant(s) : Ms. Neelam Bhardwaj for
Mr. J.P. Bhardwaj
For Respondent(s) : Mr. Vishal Singhal
Mr. B.S. Deora
HON'BLE MS. JUSTICE REKHA BORANA
Order
15/12/2023
In S.B. Civil Misc. Appeal No. 990/2023
1. A submission has been made by the learned counsel for the
parties that a compromise has been entered into between the
parties in the spirit of lok adalat and as the National Lok Adalat
scheduled to be held on 09.12.2023 has not been held, a
permission for listing the case has been made.
In view of the above request, the appeal has been permitted
to be listed today.
2. The present civil misc. appeal has been preferred by the
appellant seeking enhancement of the compensation amount as
awarded by judgment dated 17.02.2023 passed in MAC Case
No.71/2018 by learned Motor Accident Claims Tribunal No.2, Abu
Road, Sirohi whereby the claimant has been held entitled to a
compensation of Rs.8,67,200/- with interest @6% per annum.
Vide the said award, the insurance company has been exonerated
but has been directed to "Pay and Recover".
[2023:RJ-JD:44056] (3 of 5) [CMA-990/2023]
3. Learned counsel for the claimant and insurance company, in
the spirit of lok adalat, have placed on record a memorandum of
understanding/compromise entered into between them which is
taken on record.
4. Learned counsel appearing for the insurance company, on
instructions, submits that although the insurance company has
been exonerated from the liability and has been granted liberty to
pay and recover, the insurance company is ready to pay the
enhanced amount of the award to the claimant without any
direction/liberty to pay and recover.
5. In view of the submission made and in the spirit of lok
adalat, the compensation amount as awarded by the impugned
award dated 17.02.2023 is further enhanced by Rs.2,00,000/- in
favour of the cliamant-appellant as full and final settlement of the
case. The amount so agreed shall be deposited by respondent
No.3-Insurance Company with the Tribunal within a period of two
months from today failing which, the same shall carry interest
@7.5% per annum from the date of this order till actual
realization. The enhanced amount of compensation be disbursed/
deposited in terms of the award in the saving bank account of the
claimant-appellant. The impugned judgment/award dated
17.02.2023 passed by MACT No.2, Abu Road, Sirohi in MAC Case
No.71/2018 is modified accordingly.
6. However, it is made clear that as the compromise has been
entered into between the claimant and the insurance company
only and the driver and owner of the vehicle are not a party to the
said compromise, the insurance company would only be liable to
pay the enhanced amount to the claimant as directed above. The
[2023:RJ-JD:44056] (4 of 5) [CMA-990/2023]
direction to "Pay and Recover" shall not apply to this enhanced
amount.
7. The appeal is disposed of with the above observations.
8. Office is directed to send back the record forthwith.
In S.B. Civil Misc. Appeal No.928/2023
1. A submission has been made by the learned counsel for the
parties that a compromise has been entered into between the
parties in the spirit of lok adalat and as the National Lok Adalat
scheduled to be held on 09.12.2023 has not been held, a
permission for listing the case has been made.
In view of the above request, the appeal has been permitted
to be listed today.
2. The present civil misc. appeal has been preferred by the
appellant seeking enhancement of the compensation amount as
awarded by judgment dated 17.02.2023 passed in MAC Case
No.73/2018 by learned Motor Accident Claims Tribunal No.2, Abu
Road, Sirohi whereby the claimant has been held entitled to a
compensation of Rs.12,62,600/- with interest @6% per annum.
Vide the said award, the insurance company has been exonerated
but has been directed to "Pay and Recover".
3. Learned counsel for the claimant and insurance company, in
the spirit of lok adalat, have placed on record a memorandum of
understanding/compromise entered into between them which is
taken on record.
4. Learned counsel appearing for the insurance company, on
instructions, submits that although the insurance company has
been exonerated from the liability and has been granted liberty to
[2023:RJ-JD:44056] (5 of 5) [CMA-990/2023]
pay and recover, the insurance company is ready to pay the
enhanced amount of the award to the claimant without any
direction/liberty to pay and recover.
5. In view of the submission made and in the spirit of lok
adalat, the compensation amount as awarded by the impugned
award dated 17.02.2023 is further enhanced by Rs.2,60,000/- in
favour of the cliamant-appellant as full and final settlement of the
case. The amount so agreed shall be deposited by respondent
No.3-Insurance Company with the Tribunal within a period of two
months from today failing which, the same shall carry interest
@7.5% per annum from the date of this order till actual
realization. The enhanced amount of compensation be disbursed/
deposited in terms of the award in the saving bank account of the
claimant-appellant. The impugned judgment/award dated
17.02.2023 passed by MACT No.2, Abu Road, Sirohi in MAC Case
No.73/2018 is modified accordingly.
6. However, it is made clear that as the compromise has been
entered into between the claimant and the insurance company
only and the driver and owner of the vehicle are not a party to the
said compromise, the insurance company would only be liable to
pay the enhanced amount to the claimant as directed above. The
direction to "Pay and Recover" shall not apply to this enhanced
amount.
7. The appeal is disposed of with the above observations.
8. Office is directed to send back the record forthwith.
(REKHA BORANA),J
84-85-T.Singh/-
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