Rajasthan High Court - Jodhpur
Smt. Kailashi vs Icici Lombard Motor Insurance Co. Ltd. ... on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44248]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 3195/2018
1. Smt. Kailashi W/o Badri Lal, Aged About 42 Years, R/o
Dungla, District Chittorgarh(Raj.)
2. Dinesh S/o Badri Lal, Aged About 23 Years, R/o Dungla,
District Chittorgarh(Raj.)
3. Om Prakash S/o Badri Lal, Aged About 21 Years, R/o
Dungla, District Chittorgarh(Raj.)
4. Sohan Lal S/o Badri Lal, Aged About 19 Years, R/o
Dungla, District Chittorgarh(Raj.)
5. Miss Laxmi D/o Badri Lal, Aged About 15 Years, Minor
Through Her Natural Guardian Mother I.e. Appellant No.
1. R/o Dungla, District Chittorgarh(Raj.)
6. Birdi Chand S/o Moda, Aged About 64 Years, (Name
Deleted Vide Tribunal's Order Dated 08-02-2011) R/o
Dungla, District Chittorgarh(Raj.)
7. Smt. Nathi Bai W/o Shri Birdi Chand, Aged About 59
Years, (Name Deleted Vide Tribunal's Order Dated 08-02-
2011) R/o Dungla, District Chittorgarh(Raj.)
----Appellants
Versus
1. Icici Lombard Motor Insurance Co. Ltd. Through Manager
Icici Lombard Motor Insurance Co. Ltd., Through Manager
- Icici Lombard Motor Insurance Co. Ltd. Ground Floor, 1-
Madhuvan, Ashok Nagar, Udaipur. (Insurer)
2. Shiv Narayan S/o Kishan Lal, R/o - Peerana, Tehsil-
Dungla, District Chittorgarh. (Owner)
3. Mangi Lal S/o Ari Lal, R/o 3-B, Mahaveer Colony, Ashok
Nagar, Udaipur. At Present - Dungla, District Chittorgarh.
(Driver)
----Respondents
For Appellant(s) : Mr. R.S. Mankad
For Respondent(s) : Mr. Devendra Singh Chouhan a/w
Mr. Neeraj Bajaj, Legal Manager,
ICICI Lombard General Ins. Co.Ltd.
(present in person)
(Downloaded on 19/12/2023 at 09:44:06 PM)
[2023:RJ-JD:44248] (2 of 3) [CMA-3195/2018]
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 09.04.2018 passed in MAC Case
No.166/2009 by learned Motor Accident Claims Tribunal,
Chittorgarh whereby the claim of the appellants seeking
compensation against the respondents was partly allowed holding
defendant No.1 also liable to pay compensation of Rs.8,58,876/-
with interest @7.50% 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 09.04.2018 is further enhanced by Rs.2,70,000/- 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.1-Insurance Company with the Tribunal within a period of two
[2023:RJ-JD:44248] (3 of 3) [CMA-3195/2018]
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
09.04.2018 passed by MACT, Chittorgarh in MAC Case
No.166/2009 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
444-KashishS/-
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