Pushpa Devi vs Gopal Parikh (2023:Rj-Jd:44297)
2023 Latest Caselaw 10859 Raj

Rajasthan High Court - Jodhpur

Pushpa Devi vs Gopal Parikh (2023:Rj-Jd:44297) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44297]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 3588/2018

1.       Pushpa Devi W/o Late Dilip Damore, Aged About 38
         Years, Naila Talab, Tehsil Girwa, Distt. Udaipur (Raj)
2.       Mahendra Kumar S/o Late Dilip Damore, Aged About 19
         Years, Naila Talab, Tehsil Girwa, Distt. Udaipur (Raj)
3.       Miss Neelam D/o Late Dilip Damore, Aged About 18
         Years, Naila Talab, Tehsil Girwa, Distt. Udaipur (Raj)
4.       Sahil S/o Late Dilip Damore, Aged About 14 Years, Naila
         Talab, Tehsil Girwa, Distt. Udaipur (Raj) (Minor Through
         Their Natural Guardian Mother I.e. Appellant No 1)
5.       Aplesh S/o Late Dilip Damore, Aged About 10 Years, Naila
         Talab, Tehsil Girwa, Distt. Udaipur (Raj) (Minor Through
         Their Natural Guardian Mother I.e. Appellant No 1)
6.       Smt. Hakari W/o Late Devi Lal Damore, Aged About 65
         Years, Naila Talab, Tehsil Girwa, Distt. Udaipur (Raj)
                                                                   ----Appellants
                                    Versus
1.       Gopal Parikh S/o Janak Bhai Parikh, R/o 73,gajanand
         Society, Manjalpur, Badodara, Gujrat 390011. (Driver)
2.       Smt. Suman W/o Jay Prasad Pandya, R/o D-301, Arpan
         Flat Near Hariba Park, Diwalipura, Old Padra Road,
         Vadodara, Gujrat (Owner)
3.       Icici Lombard General Insurance Co. Ltd., Through Branch
         Manager, Icici Lombard General Insurance Co. Ltd. Branch
         Officer Meera Complex, Sardarpura Udaipur (Insurer)
                                                                 ----Respondents


For Appellant(s)          :     Mr. R.S. Mankad
For Respondent(s)         :     Mr. Devendra Singh Chouhan
                                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

[2023:RJ-JD:44297] (2 of 3) [CMA-3588/2018]

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 31.08.2018 passed in MAC Case

No.44/2018 by learned Motor Accident Claims Tribunal No.1,

Udaipur, 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.11,85,475/-

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 31.08.2018 is further enhanced by Rs.4,30,000/- 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

[2023:RJ-JD:44297] (3 of 3) [CMA-3588/2018]

31.08.2018 passed by MACT No.1, Udaipur in MAC Case

No.44/2018 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 482-T.Singh/Arun/-

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