Koyli Devi vs Prakash (2023:Rj-Jd:44283)
2023 Latest Caselaw 10857 Raj

Rajasthan High Court - Jodhpur

Koyli Devi vs Prakash (2023:Rj-Jd:44283) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44283]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 3175/2019

Koyli Devi W/o Balu Ram, Aged About 50 Years, B/c Lohar, R/o
Kushalpura, Tehsil Bhim, District Rajsamand.
                                                                           ----Appellant
                                         Versus
1.       Prakash S/o Nenara Mali, R/o Daulatpura, Tehsil Devgarh,
         District Rajsamand. (Driver)
2.       Lokendra Singh S/o Mithan Singh Rawat, R/o Boharon Ki
         Gali,   Devgarh,          Tehsil      Devgarh,         District    Rajsamand.
         (Owner)
3.       Chollamandalam Ms General Insurance Company Ltd,
         Through Branch Manager, Branch Office, Jaipur. (Insurer)
                                                                      ----Respondents


For Appellant(s)               :     Mr. Vijay Rajpurohit for
                                     Mr. Sandeep Saruparia
For Respondent(s)              :     Mr. Aditya Singhi


              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 02.08.2019 passed in MAC Case

No.410/2018 by learned Motor Accident Claims Tribunal,

[2023:RJ-JD:44283] (2 of 2) [CMA-3175/2019]

Rajsamand, whereby the claim of the appellant seeking

compensation against the respondents was partly allowed holding

defendant No.3 also liable to pay compensation of Rs.8,36,400/-

with interest @8.5% 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 02.08.2019 is further enhanced by Rs.1,20,000/- in favour

of the claimant-appellant 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

02.08.2019 passed by MACT, Rajsamand in MAC Case

No.410/2018 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 484-T.Singh/Arun/-

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