Cheni vs Pabu Ram (2023:Rj-Jd:44260)
2023 Latest Caselaw 10895 Raj

Rajasthan High Court - Jodhpur

Cheni vs Pabu Ram (2023:Rj-Jd:44260) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44260]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                             JODHPUR
               S.B. Civil Misc. Appeal No. 657/2021
1.      Cheni W/o Gumna Ram, Aged About 35 Years, Shobhala
        Darshan, Tehsil Sedwa, Dis. Barmer
2.      Hanuman S/o Gumna Lal, Aged About 15 Years, Shobhala
        Darshan, Tehsil Sedwa, Dis. Barmer
3.      Varsha D/o Gumna Lal, Aged About 13 Years, Shobhala
        Darshan, Tehsil Sedwa, Dis. Barmer
4.      Sohani D/o Gumna Lal, Aged About 11 Years, Shobhala
        Darshan, Tehsil Sedwa, Dis. Barmer
5.      Kanwar Lal S/o Gumna Lal, Aged About 9 Years, Shobhala
        Darshan, Tehsil Sedwa, Dis. Barmer
                                                    ----Appellants
                                Versus
1.      Pabu Ram S/o Sona Ram, Shobhala Darshan, Tehsil
        Sedwa, Dis. Barmer
2.      Ashok Kumar S/o Puna Ram, Shobhala Darshan, Tehsil
        Sedwa, Dis. Barmer
3.      Manager, I.C.I.C.I. Lombard General Insurance Company
        Ltd, Ground Floor, PRM Tower, Plot No. 947, 10Th D Road,
        Sardarpura, Jodhpur
                                                                  ----Respondents


For Appellant(s)           :     Mr. R.J. Punia
For Respondent(s)          :     Mr. Jagdish Chandra Vyas
                                 Mr. Neeraj Bajaj, Legal Manager,
                                 ICICI Lombard GIC Ltd.


              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

[2023:RJ-JD:44260] (2 of 2) [CMA-657/2021]

awarded by judgment dated 28.02.2020 passed in MAC Case

No.90/2015 by learned Motor Accident Claims Tribunal, Barmer,

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.14,44,690/- 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.

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

compensation amount as awarded by the impugned judgment

dated 28.02.2020 is further enhanced by Rs.7,10,000/- 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

claimant-appellant. The impugned judgment/award dated

28.02.2020 passed by MACT, Barmer in MAC Case No.90/2015 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 486-T.Singh/Arun/-

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