Rajasthan High Court - Jodhpur
Devilal (Died) vs Kulveer Singh (2023:Rj-Jd:44249) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44249]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1409/2022
1. Devilal (Died), S/o Lt. Sh. Balram, R/o Ward No. 02, 16
Md Dhani, Tehsil And District Hanumangarh.
2. Kamla W/o Lt. Sh. Devilal, Aged About 47 Years, R/o
Ward No. 02, 16 Md Dhani, Tehsil And District
Hanumangarh.
3. Suman D/o Sh. Devilal, W/o Sandeep Kumar, Aged About
29 Years, R/o Ward No. 06, Jakhrawali, Tehsil Pilibanga,
Dist. Hanumangarh (Raj.)
4. Santosh D/o Sh. Devilal, W/o Satpal, Aged About 23
Years, R/o Ward No. 06, Jakhrawali, Tehsil Pilibanga, Dist.
Hanumangarh (Raj.)
----Appellants
Versus
1. Kulveer Singh S/o Jindra Singh, R/o Dablahar, Police
Station Aarashpur, Dist. Jammu (India). (Driver Of Truck
J.k. 02 A.r. 8215)
2. Gardara Singh S/o Sh. Beer Singh, R/o Khour Deonia,
Police Station Meerasahib, Tehsil And Dist. Jammu
(India). (Registered Owner Truck J.k. 02 A.r. 8215).
3. Bajaj Allianz General Insurance Co. Ltd., Behind Bsf
Camp, Second Floor, Aknoor Road, Palora Jammu, District
Jammu (India). (Registered Owner Truck J.k. 02 A.r.
8215).
4. Imran Khan S/o Sh. Hakam Ali, R/o Chak No. 04, Lk
Lakhuwali, Tehsil And Dist. Hanumangarh (Raj.). (Driver
Of Jeep No. Rj-13-Ua-3328).
5. Mahi Khan S/o Sh. Fateh Mohammad, R/o Ward No. 14
Lakhuwali, Tehsil And Dist. Hanumangarh (Raj.).
(Registered Owner Of Jeep No. Rj-13-Ua-3328).
6. Mohammad Rafeek S/o Sh. Bhadar Khan, R/o Lakhuwali,
Tehsil And Dist. Hanumangarh (Raj.). (Operator Of Jeep
No. Rj-13-Ua-3328).
----Respondents
For Appellant(s) : Mr. K.R. Saharan
For Respondent(s) : Mr. Vishal Singhal
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
[2023:RJ-JD:44249] (2 of 3) [CMA-1409/2022]
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. Learned counsel Mr. Vishal Singhal submits that he has been
authorised by the Company to enter into the said compromise in
the spirit of Lok Adalat.
3. The present civil misc. appeal has been preferred by the
appellants seeking enhancement of the compensation amount as
awarded by judgment dated 25.04.2022 passed in MAC Case
No.97/2017 (CIS No.83/2017) by learned Motor Accident Claims
Tribunal, Hanumangarh 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.4,34,381/- with interest @6% per annum.
4. 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.
5. In view of the above and in spirit of lok adalat, the
compensation amount as awarded by the impugned judgment
dated 25.04.2022 is further enhanced by Rs.2,56,000/- 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
[2023:RJ-JD:44249] (3 of 3) [CMA-1409/2022]
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
25.04.2022 passed by MACT, Hanumangarh in MAC Case
No.97/2017 (CIS No.83/2017) is modified accordingly.
6. In view of the above, the appeal is disposed of.
7. Office is directed to send back the record forthwith.
(REKHA BORANA),J
445-KashishS/-
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