Smt.Bhamri Bai And Ors vs Saraswati Construction Company And ...
2023 Latest Caselaw 10853 Raj

Rajasthan High Court - Jodhpur

Smt.Bhamri Bai And Ors vs Saraswati Construction Company And ... on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44304]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1042/2012

Smt. Bhamri Bai And Ors.
                                                                    ----Appellants
                                     Versus
Saraswati Construction Company And Ors.
                                                                  ----Respondents


For Appellant(s)           :     Mr. Manish Pitaliya
For Respondent(s)          :     Mr. Vinay Kothari
                                 Mr. Neeraj Bajaj, Legal Manager,
                                 ICICI Lombard GIC Ltd.



              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

appellants seeking enhancement of the compensation amount as

awarded by judgment dated 03.02.2012 passed in MAC Case

No.622/2007 by learned Motor Accident Claims Tribunal, Udaipur

whereby the claim of the appellants seeking compensation against

the respondents was partly allowed holding defendant No.2 also

liable to pay compensation of Rs.4,40,000/- with interest @ 6%

per annum.

[2023:RJ-JD:44304] (2 of 2) [CMA-1042/2012]

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 03.02.2012 is further enhanced by Rs.6,10,000/- 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.2-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 03.02.2012 passed by MACT, Udaipur in

MAC Case No.622/2007 is modified accordingly.

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

6. Office is directed to send back the record, if any, forthwith.

(REKHA BORANA),J 509-Vij/-

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