Rajasthan High Court - Jodhpur
Smt. Jyana Kanwar And Ors vs Sunil Kumar And Ors. ... on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44395]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 146/2017
1. Smt. Jyana Kanwar W/o Late Shri Chandi Dan, Resident
Of Suvap, Tehsil Phalodi, District Jodhpur.
2. Kumari Savita D/o Late Shri Chandi Dan, Resident Of
Suvap, Tehsil Phalodi, District Jodhpur.
3. Kumari Anju D/o Late Shri Chandi Dan, Resident Of
Suvap, Tehsil Phalodi, District Jodhpur.
4. Dilip Singh S/o Late Shri Chandi Dan, Resident Of Suvap,
Tehsil Phalodi, District Jodhpur.
5. Praveen Singh S/o Late Shri Chandi Dan, Resident Of
Suvap, Tehsil Phalodi, District Jodhpur.
6. Smt. Gulab Kanwar W/o Shri Bhanwar Dan, Resident Of
Suvap, Tehsil Phalodi, District Jodhpur.
7. Bhanwar Dan S/o Shri Mega Dan, Resident Of Suvap,
Tehsil Phalodi, District Jodhpur. Appellant-Claimants No. 2
To 5 Are Minor Through Their Natural Guardian Mother.
----Appellants
Versus
1. Sunil Kumar S/o Rajveer, Resident Of Badsi Jatan, Police
Station Bhiwani Kheda, District Bhiwani, Haryana. Driver
Truck No. Hr 39 B 1881
2. Guruvendra Singh S/o Shri Harcharan Singh, Resident Of
House No. 1, 2 And 4, Sector 13P- Second, District Hisar,
Haryana. Registered Owner Truck No. Hr 39 B 1881
3. Bharti General Insurance Company Limited, 1St Floor, The
Ferms Icon, Survey No. 28, Nest To Akme Ballet,
Doddanekundi, Off Outer Ringh Road, Bangalore-560037.
Insurer Truck No. Hr 39 B 1881
----Respondents
For Appellant(s) : Mr. S.K. Sankhla.
For Respondent(s) : Mr. Devendra Singh Chouhan.
Mr. Neeraj Bajaj, Legal Manager,
Bharti Axsa (present in person).
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[2023:RJ-JD:44395] (2 of 3) [CMA-146/2017]
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
appellants seeking enhancement of the compensation amount as
awarded by judgment dated 24.09.2016 passed in MAC Case
No.09/2011(531/2014) by learned Motor Accident Claims Tribunal
First, Jodhpur 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.10,91,120/-
with interest @9% 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 24.09.2016 is further enhanced by Rs.2,00,000/- 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.3 Insurance Company with the Tribunal within a period of two
[2023:RJ-JD:44395] (3 of 3) [CMA-146/2017]
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 24.09.2016
passed by MACT First, Jodhpur in MAC Case
No.09/2011(531/2014) 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
532-sumer/-
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