Rajasthan High Court - Jodhpur
Smt Kali vs Sheshav Palan, (2023:Rj-Jd:44255) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44255]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 34/2019
1. Smt Kali W/o Late Manna Ram, Aged About 40 Years, B/c
Garasia, R/o Fatehpura Bahadurpura, Tehsil Abu Road,
District Sirohi.
2. Soma S/o Late Manna Ram, Aged About 19 Years, B/c
Garasia, R/o Fatehpura Bahadurpura, Tehsil Abu Road,
District Sirohi.
3. Guzari D/o Late Manna Ram, Aged About 17 Years, Minor
Through Natural Guardian Mother Smt. Kali, Viz.
Appellant No. 1. B/c Garasia, R/o Fatehpura Bahadurpura,
Tehsil Abu Road, District Sirohi.
4. Bhuri D/o Late Manna Ram, Aged About 15 Years, Minor
Through Natural Guardian Mother Smt. Kali, Viz.
Appellant No. 1. B/c Garasia, R/o Fatehpura Bahadurpura,
Tehsil Abu Road, District Sirohi.
5. Vishnu S/o Late Manna Ram, Aged About 12 Years, Minor
Through Natural Guardian Mother Smt. Kali, Viz.
Appellant No. 1. B/c Garasia, R/o Fatehpura Bahadurpura,
Tehsil Abu Road, District Sirohi.
6. Rekha D/o Late Manna Ram, Aged About 10 Years, Minor
Through Natural Guardian Mother Smt. Kali, Viz.
Appellant No. 1. B/c Garasia, R/o Fatehpura Bahadurpura,
Tehsil Abu Road, District Sirohi.
7. Ditti D/o Late Manna Ram, Aged About 7 Years, Minor
Through Natural Guardian Mother Smt. Kali, Viz.
Appellant No. 1. B/c Garasia, R/o Fatehpura Bahadurpura,
Tehsil Abu Road, District Sirohi.
8. Lala S/o Late Manna Ram, Aged About 8 Years, Minor
Through Natural Guardian Mother Smt. Kali, Viz.
Appellant No. 1. B/c Garasia, R/o Fatehpura Bahadurpura,
Tehsil Abu Road, District Sirohi.
9. Bhagga S/o Late Manna Ram, Aged About 4 Years, Minor
Through Natural Guardian Mother Smt. Kali, Viz.
Appellant No. 1. B/c Garasia, R/o Fatehpura Bahadurpura,
Tehsil Abu Road, District Sirohi.
10. Sava S/o Kasma, Aged About 79 Years, B/c Garasia, R/o
Fatehpura Bahadurpura, Tehsil Abu Road, District Sirohi.
----Appellants
(Downloaded on 19/12/2023 at 09:44:13 PM)
[2023:RJ-JD:44255] (2 of 3) [CMA-34/2019]
Versus
1. Sheshav Palan, S/o Ashok Palan, B/c Gujarati, R/o Room
No. 8, Mithaiwala Chaal, Infront Of Bhagwati Hospital,
Sbp Road, Boriwalli-West, Mh Boriwalli Police Station,
Mumbai (Driver Of Vehicle)
2. Kum Asha D/o Himmat Mal, B/c Thakkar, R/o House No.
26, 4Th Floor, A-Wing, Sudamapuri, Chandravarkar Road,
Ramdas Sutral Marg, Borriwalli West, Mumbai (Owner Of
Vehicle)
3. Icici Lombard General Insurance Company Limited, 2Nd
Floor, Bhagwati Bhawan, Upperside Of Pl Motors, Nearby
Govt Hostel Circle, Jaipur. (Insurer Of Vehicle)
----Respondents
For Appellant(s) : Mr. Amit Kumar Dadhich
For Respondent(s) : Mr. Devendra Singh Chouhan a/w
Mr. Neeraj Bajaj, Legal Manager,
ICICI Lombard General Ins. Co.Ltd.
(present in person)
HON'BLE MS. JUSTICE REKHA BORANA
Order
18/12/2023
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 03.11.2018 passed in MAC Case
No.165/2016 (CIS No.364/2015) by learned Motor Accident
[2023:RJ-JD:44255] (3 of 3) [CMA-34/2019]
Claims Tribunal, Abu Road, District Sirohi 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.6,92,100/- with interest @6% per annum.
3. 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.
4. In view of the above and in spirit of lok adalat, the
compensation amount as awarded by the impugned judgment
dated 03.11.2018 is further enhanced by Rs.5,50,000/- in favour
of the claimants-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
claimants-appellants. The impugned judgment/award dated
03.11.2018 passed by MACT, Abu Road, District Sirohi in MAC
Case No.165/2016 (CIS No.364/2015) is modified accordingly.
5. In view of the above, the appeal is disposed of.
6. Office is directed to send back the record forthwith.
(REKHA BORANA),J
452-KashishS/-
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