Narayan Devi vs Ashok Kumar Singh
2023 Latest Caselaw 10856 Raj

Rajasthan High Court - Jodhpur

Narayan Devi vs Ashok Kumar Singh on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Civil Misc. Appeal No. 2211/2019

1.     Narayan Devi W/o Late Laxman Ram, Aged About 29
       Years, B/c Gurjar, R/o Shri Ganesh Farm House, Indira
       Nagar, Pali.
2.     Ms. Sonu D/o Late Laxman Ram, Aged About 12 Years,
       Minor Through Mohter Appellant No. 1. B/c Gurjar, R/o
       Shri Ganesh Farm House, Indira Nagar, Pali.
3.     Suresh S/o Late Laxman Ram, Aged About 10 Years,
       Minor Through Mohter Appellant No. 1. B/c Gurjar, R/o
       Shri Ganesh Farm House, Indira Nagar, Pali.
4.     Ms. Lalita D/o Late Laxman Ram, Aged About 6 Years,
       Minor Through Mohter Appellant No. 1. B/c Gurjar, R/o
       Shri Ganesh Farm House, Indira Nagar, Pali.
5.     Jaspal S/o Late Laxman Ram, Aged About 4 Years, Minor
       Through Mohter Appellant No. 1. B/c Gurjar, R/o Shri
       Ganesh Farm House, Indira Nagar, Pali.
6.     Smt. Gendi W/o Late Hamir, Aged About 63 Years, B/c
       Gurjar, R/o Shri Ganesh Farm House, Indira Nagar, Pali.
                                                                    ----Appellants
                                     Versus
1.     Ashok Kumar Singh S/o Shri Ganpat Singh Rajput, R/o
       Guda Ramsingh, Police Thana, Bagri Nagar, District Pali.
       (Driver)
2.     Jethu Dan S/o Nahar Dan Charan, R/o At Present Police
       Thana, Sojat Road, District Pali (Owner)
3.     Icici Lombard General Insurance Company Ltd., Udaipur
       Through Its Branch Office, Gulinda Bhawan, Bhatiya
       Choraha, Ratanada, Jodhpur (Insurer)
                                                                  ----Respondents


For Appellant(s)           :     Mr. Dinesh Choudhary for
                                 Mr. Anil Bhandari.
For Respondent(s)          :     Mr. Ayush Goyal for Mr. Vinay Kothari.
                                 Mr. Neeraj Bajaj, Legal Manager,
                                 ICICI Lombard General Ins. Com. Ltd.
                                 (present in person)




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                                        (2 of 3)                         [CMA-2211/2019]




             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 01.05.2019 passed in MAC Case

No.181/2017 by learned Motor Accident Claims Tribunal, Pali

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.16,05,200/- with interest @9%

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 01.05.2019 is further enhanced by Rs.5,50,000/- in favour

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

(3 of 3) [CMA-2211/2019]

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 01.05.2019

passed by MACT, Pali in MAC Case No.181/2017 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 543-sumer/-

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