Saroj vs Shivratan (2023:Rj-Jd:44323)
2023 Latest Caselaw 10860 Raj

Rajasthan High Court - Jodhpur

Saroj vs Shivratan (2023:Rj-Jd:44323) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44323]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 2685/2019

Saroj D/o Bheru Lal Paliwal, Aged About 22 Years, R/o Parwat
Khedi, Tehsil And District Rajasamand.
                                                                         ----Appellant
                                         Versus
1.       Shivratan S/o Motilal Toshniwal, R/o Agunawaas, Nokha
         Mandi, District Bikaner. (Driver And Owner)
2.       Manager, G-Bharti Axsa General Insurance Company Ltd.,
         Office Third Floor Centre Point, Airport Road, Behind B.n.
         College, Main Road, Udaipur (Insurer)
                                                                      ----Respondents


For Appellant(s)               :     Mr. Sandeep Saruparia.
For Respondent(s)              :     Mr. Santosh Choudhary.
                                     Mr. Neeraj Bajaj, Legal Manager,
                                     Bharti Axsa (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 26.06.2019 passed in MAC Case

No.363/2017 by learned Motor Accident Claims Tribunal,

[2023:RJ-JD:44323] (2 of 2) [CMA-2685/2019]

Rajsamand whereby the claim of the appellant seeking

compensation against the respondents was partly allowed holding

defendant No.2 also liable to pay compensation of Rs.6,58,498/-

with interest @8.50% 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 26.06.2019 is further enhanced by Rs.3,80,000/- 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.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 claimant-

appellant. The impugned judgment/award dated 26.06.2019

passed by MACT, Rajsamand in MAC Case No.363/2017 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 544-sumer/-

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