Rooparam vs Gajendra (2023:Rj-Jd:44306)
2023 Latest Caselaw 10899 Raj

Rajasthan High Court - Jodhpur

Rooparam vs Gajendra (2023:Rj-Jd:44306) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44306]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Misc. Appeal No. 860/2023

1.       Rooparam S/o Late Shri Gordhan Lal, Aged About 49
         Years, B/c Kharwal, R/o Shastri Nagar, Bajrang Badi, Pali
2.       Gajendra S/o Shri Rooparam, Aged About 25 Years, B/c
         Kharwal, R/o Shastri Nagar, Bajrang Badi, Pali
3.       Anil S/o Shri Rooparam, Aged About 22 Years, B/c
         Kharwal, R/o Shastri Nagar, Bajrang Badi, Pali
4.       Sandeep S/o Shri Rooparam, Aged About 18 Years, B/c
         Kharwal, R/o Shastri Nagar, Bajrang Badi, Pali
5.       Mooli W/o Late Shri Gordhanlal, Aged About 72 Years, B/c
         Kharwal, R/o Shastri Nagar, Bajrang Badi, Pali
                                                                       ----Appellants
                                        Versus
1.       Gajendra, B/c Bhat R/o Village Padarla, Tehsil And District
         Pali
2.       Shrawnlal S/o Shri Shivram, B/c Kharwal R/o Saraswati
         Nagar, Pali
3.       Sriram General Insurance Company Ltd, E-08, epip,
         Sitapura Industrial Aera, Jaipur
                                                                     ----Respondents


For Appellant(s)              :     Mr. Anil Kumar Bhandari.
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 16.02.2023 passed in MAC Case

[2023:RJ-JD:44306] (2 of 2) [CMA-860/2023]

No.21/2021 by learned Motor Accident Claims Tribunal, Pali

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.12,57,320/- with interest @6%

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 16.02.2023 is further enhanced by Rs.76,000/- 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 16.02.2023

passed by MACT, Pali in MAC Case No.21/2021 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 546-sumer/-

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