Rajasthan High Court - Jodhpur
Urmila vs Kulveer Singh (2023:Rj-Jd:44454) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44454]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1502/2022
1. Urmila W/o Sh. Jagdish, Aged About 53 Years, R/o Ward
No. 02, Chak 16 Md Dhani,tehsil And Distt.
Hanumangarh.
2. Jagdish S/o Shri Ram, Aged About 54 Years, R/o Ward
No. 02, Chak 16 Md Dhani,tehsil And Distt.
Hanumangarh.
3. Jaipal S/o Sh. Jagdish, Aged About 27 Years, R/o Ward
No. 02, Chak 16 Md Dhani,tehsil And Distt.
Hanumangarh.
----Appellants
Versus
1. Kulveer Singh S/o Jogendra Singh, R/o Dablahar, P.s.
Aarshpur, Distt. Jammu (India) (Driver Of Truck J.k. 02
A.r. 8215)
2. Gardara Singh S/o Sh. Beer Singh, R/o Khour Deonia, P.s.
Meerasahib, Tehsil And Distt. Jammu (India). (Registered
Owner Of Truck J.k. 02 A.r. 8215)
3. Bajaj Allianz General Insurance Co. Ltd., Behind Bsf
Camp, Second Floor, Aknoor Road, Palora Jammu, Distt.
Jammu (India). (Registered Owner Of Truck J.k. 02 A.r.
8215)
4. Imran Khan S/o Sh. Hakam Ali, R/o Chak No. 04, Lk
Lakhuwali, Tehsil And Distt. 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 Distt. Hanumangarh (Raj.)
(Registered Owner Of Jeep No. Rj-13-Ua-3328)
6. Mohammad Rafeek S/o Sh. Bhadar Khan, R/o Lakhuwali,
Tehsil And Distt. Hanumangarh (Raj.) (Operator Of Jeep
No. Rj-13-Ua-3328)
----Respondents
For Appellant(s) : Mr. K.R. Saharan.
For Respondent(s) : Mr. Vishal Singhal.
(Downloaded on 21/12/2023 at 09:40:07 PM)
[2023:RJ-JD:44454] (2 of 3) [CMA-1502/2022]
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. Learned counsel for the appellants submits that the requisite
court fee has been filed by him today.
The other defects pointed out by the office are overruled.
3. Learned counsel Mr. Vishal Singhal puts in appearance for
respondent no. 3- Insurance Company.
Service of other respondents is dispensed with at the risk of
appellants.
4. 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.
5. 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.98/2017(CIS No.84/2017) 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.
[2023:RJ-JD:44454] (3 of 3) [CMA-1502/2022]
6. 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.
7. 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 claimants-
appellants. The impugned judgment/award dated 25.04.2022
passed by MACT, Hanumangarh in MAC Case No.98/2017(CIS
No.84/2017) is modified accordingly.
8. In view of the above, the appeal is disposed of.
9. Office is directed to send back the record, if any, forthwith.
(REKHA BORANA),J
461-sumer/-
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