Ratna vs Raman Lal (2023:Rj-Jd:44333)
2023 Latest Caselaw 10898 Raj

Rajasthan High Court - Jodhpur

Ratna vs Raman Lal (2023:Rj-Jd:44333) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44333]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
             S.B. Civil Misc. Appeal No. 65/2023

1.       Ratna S/o Shri Manheng Pargi, Aged About 43 Years,
         Resident Of Chothmal, Tehsil Anandpuri, Distt. Banswara.
         (Raj.)
2.       Smt. Migudi W/o Ratna, Aged About 41 Years, Resident Of
         Chothmal, Tehsil Anandpuri, Distt. Banswara. (Raj.)
                                                       ----Appellants
                                Versus
1.       Raman Lal S/o Shri Soma Ji, Aged About 35 Years,
         Resident Of Rohaniyan, Tehsil Bagidora, Ditt. Banswara
         (Raj.) (Driver)
2.       Sanjay Patel S/o Shri Banshilal Patel, R/o Shergarh, Tehsil
         Bagidora, Distt. Banswara (Raj.( (Owner)
3.       Shriram General Insurance Company Limited, Branch S.f.
         4, Second Floor Doctor House Complex, 5-C, Sethji Bari,
         Udaipur. (Raj.) (Insurer)
                                                    ----Respondents


For Appellant(s)           :     Mr. Raghuveer Singh Bhati
For Respondent(s)          :     Mr. Aditya Singhi



              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 30.06.2022 passed in MAC Case

No.228/2019 (Old No.242/2016) by learned Motor Accident Claims

[2023:RJ-JD:44333] (2 of 2) [CMA-65/2023]

Tribunal, Banswara 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.8,60,164

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 30.06.2022 is further enhanced by Rs.1,30,000/- 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

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 30.06.2022 passed by MACT, Banswara in

MAC Case No.228/2019 (Old No.242/2016) 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 498-Vij/-

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