Rajasthan High Court - Jodhpur
Mahender Kumar vs Kulveer Singh (2023:Rj-Jd:44228) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44228]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1372/2022
1. Mahender Kumar S/o Kanaram, Aged About 47 Years, R/o
Ward No. 07, Matoriya Wali Dhani, Tehsil And Distt.
Hanumangarh.
2. Usha D/o Mahendra Kumar, Aged About 25 Years, R/o
Ward No. 07, Matoriya Wali Dhani, Tehsil And Distt.
Hanumangarh.
3. Mamta W/o Mahendra Kumar, Aged About 27 Years, D/o
Mahendra Kumar, R/o Dulami, Tehsil Pilibanga, Distt.
Hanumangarh.
----Appellants
Versus
1. Kulveer Singh S/o Jindr Singh, R/o Dablehar, P.s. Arshpur,
Tehsil And Distt. Jammu. (Driver Of Truck Jk 02 Ar 8215)
2. Gardara Singh S/o Beer Singh, R/o Khour Deonia, P.s.
Mirsahib, Tehsil And Distt. Jammu. (Registered Owner Of
Truck Jk 02 Ar 8215)
3. Bajaj Allianz General Insurance Company Ltd., Behind Bsf
Camp, Second Floor, Aknur Road, Palora, Jammu.
(Insurance Company Of Truck Jk 02 Ar 8215)
4. Imran Khans S/o Hakam Ali, R/o Chakk No. 4, Lk
Lakhuwali, Tehsil And Distt. Hanumangarh. (Driver Jeep
No. Rj 13 Ua 3328)
5. Mahi Khan S/o Fateh Mohammad, R/o Ward No. 14,
Lakhuwali, Tehsil And Distt. Hanumangarh (Owner Of
Jeep No. Rj 13 Ua 3328)
6. Mohammad Rafiq S/o Bhadar Khan, R/o Lakhuwali, Tehsil
And Distt. Hanumangarh. (Manger Jeep No. Rj 13 Ua
3328)
----Respondents
For Appellant(s) : Mr. Aditya S. Rathore for
Mr. Pankaj Gupta
For Respondent(s) : Mr. Vishal Singhal
Mr. Dixit Panwar for
Mr. Rakesh Matoria
Mr. Achala Ram
(Downloaded on 21/12/2023 at 09:39:52 PM)
[2023:RJ-JD:44228] (2 of 3) [CMA-1372/2022]
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. As per the office report, service on all the respondents
except respondent No.4 is complete. Service on respondent No.4
being driver of the vehicle is dispensed with at the risk of the
appellants.
Learned counsel Mr. Vishal Singhal submits that he has been
authorized by the insurance company to enter into the
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.89/2017 (CIS No.75/2017) 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.4,74,381/- 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/
[2023:RJ-JD:44228] (3 of 3) [CMA-1372/2022]
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.2,80,000/- 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
claimant-appellant. The impugned judgment/award dated
25.04.2022 passed by MACT, Hanumangarh in MAC Case
No.89/2017 (CIS No.75/2017) 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
488-T.Singh/Arun/-
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