Rajasthan High Court - Jodhpur
Gyana Devi vs Parma Ram (2023:Rj-Jd:44370) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44370]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2705/2019
1. Gyana Devi W/o Late Shri Pusha Ram, Aged About 62
Years, B/c Jat, R/o Jatawas Mohalla Borawar, Tehsil
Makrana, District Nagaur (Raj.) Suffering From Blindness,
Through Her Next Friend/ Daughter Kiran Devi D/o Late
Shri Pusharam, B/c Jat, R/o Jatawas Mohalla Borawar,
Tehsil Makrana, District Nagaur (Raj.) , Presently W/o
Shri Bhaguram, R/o Bhadliya, Tehsil Deedwana, District
Nagaur (Raj.)
2. Madhu Devi D/o Late Shri Pusharam, Aged About 36
Years, B/c Jat, R/o Jatawas Mohalla Borawar, Tehsil
Makrana, District Nagaur (Raj.)
3. Pramila Devi D/o Late Shri Pusharam, Aged About 36
Years, B/c Jat, R/o Jatawas Mohalla Borawar, Tehsil
Makrana, District Nagaur (Raj.)
4. Chanda Devi D/o Late Shri Pusharam, Aged About 36
Years, B/c Jat, R/o Jatawas Mohalla Borawar, Tehsil
Makrana, District Nagaur (Raj.)
5. Kiran Devi D/o Late Shri Pusharam, Aged About 36 Years,
B/c Jat, R/o Jatawas Mohalla Borawar, Tehsil Makrana,
District Nagaur (Raj.)
----Appellants
Versus
1. Parma Ram S/o Mohan Ram, B/c Jat, R/o Bagdon Ki
Dhani, Village Udaipura, Post Jiliya, Tehsil Kuchaman City,
District Nagaur (Raj.) (Owner And Driver Of The
Offending Vehicle Motorcycle No. Rj-37-Sg-7664)
2. Icici Lombard General Insurance Company Limtied,
Through Manager, 414, Veer Sawarkar Marg, Near Sidhi
Vinayak Mandir, Prabha Devi, Mumbai, Mh-400025,
Regional Office At Bhagwati Bhawan, M.i. Road, Jaipur
Having Its Office At Plot No 115/3, Ist Floor, (Rear
Portion), Solitaire Building, Sps Road, Pwd Colony,
Jodhpur, Raj. 342011 (Insurer Of The Offending Vehicle
Motorcycle No. Rj-37-Sg-7664)
----Respondents
(Downloaded on 19/12/2023 at 09:44:23 PM)
[2023:RJ-JD:44370] (2 of 3) [CMA-2705/2019]
For Appellant(s) : Mr. M.R. Choudhary
For Respondent(s) : Mr. Devendra Singh Chouhan
Mr. Neeraj Bajaj, Legal Manager,
ICICI Lombard GIC 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(s) seeking enhancement of the compensation amount as
awarded by judgment dated 15.02.2019 passed in MAC Case
No.35/2016 (CIS No.131/2016) by learned Motor Accident Claims
Tribunal, Parbatsar, Nagaur whereby the claim of the appellant(s)
seeking compensation against the respondents was partly allowed
holding defendant No.2 also liable to pay compensation of
Rs.4,75,660/- with interest @ 7% 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.
[2023:RJ-JD:44370] (3 of 3) [CMA-2705/2019]
4. In view of the above and in spirit of Lok Adalat, the
compensation amount as awarded by the impugned judgment
dated 15.02.2019 is further enhanced by Rs.2,60,000/- in favour
of the claimant(s)-appellant(s) 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(s)-appellant(s). The impugned judgment/
award dated 15.02.2019 passed by MACT,Parbatsar, Nagaur in
MAC Case No.35/2016 (CIS no.131/2016) is modified accordingly.
5. In view of the above, the appeal is disposed of.
6. Office is directed to send back the record, if any, forthwith.
(REKHA BORANA),J
496-Vij/-
Powered by TCPDF (www.tcpdf.org)
