Rajasthan High Court - Jodhpur
Veeraram vs Ramaram And Ors. (2023:Rj-Jd:44209) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44209]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 57/2016
Veeraram
----Appellant
Versus
Ramaram And Ors.
----Respondent
For Appellant(s) : Mr. Ravi Panwar
For Respondent(s) : Mr. Devendra Singh Chouhan a/w
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. An application under Section 5 of the Limitation Act has been
preferred for condonation of delay of 279 days caused in filing the
present appeal.
3. Learned counsel Mr. Devendra Singh Chouhan accepts
notices of the application under Section 5 of the Limitation Act as
well as appeal on behalf of respondent No.3 Insurance Company.
The service on respondent Nos.1 & 2 being the driver and the
[2023:RJ-JD:44209] (2 of 3) [CMA-57/2016]
owner is dispensed with as the issue of liability is not under
challenge in the present appeal. The counsel appearing for
respondent No.3 does not object to the condonation of the delay
and hence, the application under Section 5 of the Limitation Act is
allowed. The delay caused in filing the present appeal is
condoned.
4. The present civil misc. appeal has been preferred by the
appellant seeking enhancement of the compensation amount as
awarded by judgment dated 15.10.2014 passed in MAC Case
No.82/2011 by learned Motor Accident Claims Tribunal, Sirohi,
whereby the claim of the appellant seeking compensation against
the respondents was partly allowed holding defendant No.3 also
liable to pay compensation of Rs.3,96,200/- with interest @7%
per annum.
5. 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.
6. In view of the above and in spirit of lok adalat, the
compensation amount as awarded by the impugned judgment
dated 15.10.2014 is further enhanced by Rs.30,000/- 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.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
[2023:RJ-JD:44209] (3 of 3) [CMA-57/2016]
claimant-appellant. The impugned judgment/award dated
15.10.2014 passed by MACT, Sirohi in MAC Case No.82/2011 is
modified accordingly.
7. In view of the above, the appeal is disposed of.
8. Office is directed to send back the record forthwith.
(REKHA BORANA),J
455-KashishS/-
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