Praveen Kumar Joshi vs Rakesh Bhai (2023:Rj-Jd:44319)
2023 Latest Caselaw 10878 Raj

Rajasthan High Court - Jodhpur

Praveen Kumar Joshi vs Rakesh Bhai (2023:Rj-Jd:44319) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44319]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
            S.B. Civil Misc. Appeal No. 2687/2018

Praveen Kumar Joshi S/o Sh. Narayan Lal Joshi, Aged About 19
Years, B/c Brahmin, R/o Palasama, Tehsil Gogunda, District
Udaipur (Rajasthan), Unsound And Disabled Person Through His
Father And Natural Guardian Shri Narayan Lal Joshi S/o Shri
Ganesh Lal B/c Brahmin, Aged About 53 Years, R/o Palasama,
Tehsil Gogunda, District Udaipur (Rajasthan)
                                                     ----Appellant
                              Versus
1.      Rakesh Bhai S/o Gajendra Bhai Mistry, B/c Mistry, R/o
        Vrindawan Vila, Opposite Jain School, Padra, Tehsil Padra,
        District Vadodara (Gujarat)(Owner Cum Driver Of Vehicle
        Nissan Tereno No. Gj-06-Tc-520)
2.      Icici Lombard General Insurance Company Ltd., Through
        Its Branch Manager, Branch Office, Udaipur(Raj.) (Insurer
        Of Vehicle Nissan Tereno Bearing Registration Number Gj-
        06-Tc-520)
                                                 ----Respondents


For Appellant(s)           :     Mr. Vikram Sharma
For Respondent(s)          :     Mr. Santosh Choudhary
                                 Mr. Neeraj Bajaj, Legal Manager,
                                 ICICI Lombard General Ins. Co. Ltd.
                                 (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 16.04.2018 passed in MAC Case

[2023:RJ-JD:44319] (2 of 2) [CMA-2687/2018]

No.176/2017 by learned Motor Accident Claims Tribunal No.1,

Udaipur 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.10,50,000/- 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 16.04.2018 is further enhanced by Rs.5,00,000/- 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

16.04.2018 passed by MACT No.1, Udaipur in MAC Case

No.176/2017 is modified accordingly.

5. In view of the above, the appeal is disposed of.

6. Office is directed to send back the record forthwith.

(REKHA BORANA),J 1-KashishS/-

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