Rajasthan High Court - Jodhpur
Parwati Devi vs Kulveer Singh (2023:Rj-Jd:44251) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44251]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1504/2022
1. Parwati Devi W/o Late Shri Indraj, Aged About 33 Years,
R/o Dhigataniyan, Tehsil Sadhulshahar, Distt.
Shriganganagar, Raj.
2. Naveen S/o Late Shri Indraj, Aged About 8 Years, Minor
Through Natural Guardian Mother Smt. Parwati Devi W/o
Late Shri Indraj, Aged About 33 Years, R/o Dhigataniyan,
Tehsil Sadhulshahar, Distt. Shriganganagar, Raj.
3. Prithvi Raj S/o Shri Kumbharam, Aged About 75 Years, R/
o Dhigataniyan, Tehsil Sadhulshahar, Distt.
Shriganganagar, Raj.
----Appellants
Versus
1. Kulveer Singh S/o Shri Jindra Singh, R/o P.s. Arshapur,
Tehsil And Distt. Jammu, Jammu And Kashmir. (Driver Of
The Truck Bearing No. Jk-02, Ar-8215)
2. Shri Gardara Singh S/o Sh. Beer Singh, R/o Kherdeyaniya
(Khour Deonia), P.s. Meera Sahib, Tehsil And Distt.
Jammu, Jammu And Kashmir. (Owner Of The Truck
Bearing No. Jk- 02, Ar- 8215)
3. Bajaj Allianz General Insurance Co. Ltd., Behind Bsf
Camp, Second Floor, Aknoor Road, Palaura Jammu.
(Insurer Of Truck Bearing No. Jk- 02, Ar- 8215)
4. Imran Khan S/o Sh. Hakam Ali, R/o Chak No. 04, Lk
Lakhoonwali, Tehsil And Distt. Hanumangarh (Raj.)
(Driver Of Jeep No. Rj-13 Ua-3328)
5. Mahi Khan S/o Sh. Fateh Mohd, R/o Ward No. 14
Lakhoonwali, Tehsil And Distt. Hanumangarh (Raj.)
(Owner Of Jeep No. Rj-13 Ua-3328)
6. Mohammad Rafeek S/o Sh. Bhadar Khan, R/o
Lakhoonwali, Tehsil And Distt. Hanumangarh (Raj.)
(Manager/sanchalak Of Jeep No. Rj-13 Ua-3328)
----Respondents
For Appellant(s) : Mr. K.R. Saharan for
Mr. Vinod Choudhary
For Respondent(s) : Mr. Vishal Singhal
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[2023:RJ-JD:44251] (2 of 3) [CMA-1504/2022]
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 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.92/2017 (CIS No.78/2017) 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.5,49,732/- 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.3,24,000/- in favour
[2023:RJ-JD:44251] (3 of 3) [CMA-1504/2022]
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.92/2017 (CIS No.78/2017) 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
448-KashishS/-
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