Mathari vs Balaram (2023:Rj-Jd:44008)
2023 Latest Caselaw 10789 Raj

Rajasthan High Court - Jodhpur

Mathari vs Balaram (2023:Rj-Jd:44008) on 15 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44008]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1285/2022

1.       Mathari W/o Late Shri Bhagaram, Aged About 45 Years,
         R/o Seelgan (Bhimthal) Tehsil Dhorimana, Distt. Barmer.
2.       Genaram S/o Late Shri Bhagaram, Aged About 31 Years,
         R/o Seelgan (Bhimthal) Tehsil Dhorimana, Distt. Barmer.
3.       Dudaram S/o Late Shri Bhagaram, Aged About 26 Years,
         R/o Seelgan (Bhimthal) Tehsil Dhorimana, Distt. Barmer.
4.       Pemaram S/o Late Shri Bhagaram, Aged About 20 Years,
         R/o Seelgan (Bhimthal) Tehsil Dhorimana, Distt. Barmer.
5.       Ashok Kumar S/o Late Shri Bhagaram, Aged About 18
         Years, R/o Seelgan (Bhimthal) Tehsil Dhorimana, Distt.
         Barmer.
                                                                   ----Appellants
                                    Versus
1.       Balaram S/o Shri Kaluram, R/o Jogasar Hodu, P.s.
         Sindhari, Distt. Barmer. (Driver Of Vehicle Gj-01-Du-
         6810)
2.       Tenivadiya Jayanti Bhai Parthji, R/o Kotada Bhakhar Tehsil
         Palanpur, Distt. Banaskantha (Gujarat) (Owner Of Vehicle
         Gj-01-Du-6810)
3.       Regional Manager, Cholamandalam Insurance Co. Ltd., Ii
         Floor, K.p. Tower, Opposite O.s. Motor, Bombay Motor
         Circle, Jodhpur. (Insurer Of Vehicle Gj-01-Du-6810)
                                                                 ----Respondents


For Appellant(s)          :     Mr. R.J. Punia
For Respondent(s)         :     Mr. Vishal Singhal



              HON'BLE MS. JUSTICE REKHA BORANA

Order

15/12/2023

1. The present civil misc. appeal has been preferred by the

appellants seeking enhancement of the compensation amount as

awarded by judgment dated 21.04.2022 passed in MAC Case

[2023:RJ-JD:44008] (2 of 2) [CMA-1285/2022]

No.213/2018 by learned Motor Accident Claims Tribunal, Barmer

whereby the claim of the appellants seeking compensation against

the respondents was partly allowed holding defendant No.3 also

liable to pay compensation of Rs.5,10,000/- with interest @7%

per annum.

2. Learned counsel for the parties, in the spirit of Lok Adalat,

have placed on record a memorandum of understanding/

compromise entered into between the parties, which is taken on

record.

3. In view of the above and in spirit of lok adalat, the

compensation amount as awarded by the impugned judgment

dated 21.04.2022 is further enhanced by Rs.1,25,000/- in favour

of the claimant-appellants as a 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

21.04.2022 passed by MACT, Barmer in MAC Case No.213/2018 is

modified accordingly.

4. In view of the above, the appeal is disposed of.

5. Office is directed to send back the record forthwith.

(REKHA BORANA),J 82-T.Singh/-

Powered by TCPDF (www.tcpdf.org)