Rukmani Devi @ Rukhmani vs Om Prakash (2023:Rj-Jd:44284)
2023 Latest Caselaw 10892 Raj

Rajasthan High Court - Jodhpur

Rukmani Devi @ Rukhmani vs Om Prakash (2023:Rj-Jd:44284) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44284]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                             JODHPUR
               S.B. Civil Misc. Appeal No. 488/2019
1.      Rukmani Devi @ Rukhmani W/o Shri Sugnaram, Aged
        About 51 Years, R/o Ward No. 21, Nokha, District Bikaner
        (Raj.)
2.      Harichand @ Harish S/o Sugnaram, Aged About 34 Years,
        R/o Ward No. 21, Nokha, District Bikaner (Raj.)
3.      Tulchi W/o Shri Pannaram, Aged About 74 Years, R/o
        Ward No. 21, Nokha, District Bikaner (Raj.)
                                                    ----Appellants
                                Versus
1.      Om Prakash S/o Shri Shankar Lal Bishnoi, R/o Vill. Kudsu,
        Tehsil Nokha, District Bikaner. (Owner Of Bolero No. Rj-
        07-Ua-0738)
2.      Reliance General Insurance Company Ltd., Jaipur
        (Insurance Company Of Bolero No. Rj-07-Ua-0738)
                                                 ----Respondents


For Appellant(s)           :     Mr. Deepak Bansal for
                                 Mr. Rahul Soni
For Respondent(s)          :     Mr. Vishal Singhal


              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. Learned counsel Mr. Vishal Singhal submits that he has been

authorized by the insurance company to enter into the

compromise in the spirit of Lok Adalat.

3. The present civil misc. appeal has been preferred by the

appellants seeking enhancement of the compensation amount as

awarded by judgment dated 27.09.2018 passed in MAC Case

[2023:RJ-JD:44284] (2 of 2) [CMA-488/2019]

No.89/2009 (1356/2014) by learned Motor Accident Claims

Tribunal, Bikaner, 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.3,67,903/-

with interest @7% per annum.

4. 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.

5. In view of the above and in spirit of lok adalat, the

compensation amount as awarded by the impugned judgment

dated 27.09.2018 is further enhanced by Rs.3,00,000/- 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

27.09.2018 passed by MACT, Bikaner in MAC Case No.89/2009

(1356/2014) 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 483-T.Singh/Arun/-

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