Rajasthan High Court - Jodhpur
Surya Prakash Chipa vs Paparam (2023:Rj-Jd:44189) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44189]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1938/2022
Surya Prakash Chipa S/o Shri Sampatraj Ji, Aged About 50
Years, B/c Darji (Chipa) R/o Dhobiyon Ka Baas, Pipar City
Jodhpur.
----Appellant
Versus
1. Paparam S/o Shri Chogaram, B/c Vishnoi, R/o Jajiwal
Vishnoiyan Ps Banar District Jodhpur (Driver Vehicle
Mahendra Bolero Pickup No. Rj 19/gb-5220)
2. Naresh S/o Chogaram, B/c Vishnoi, R/o Jajiwal
Vishnoiyan Ps Banar District Jodhpur (Owner Vehicle
Mahendra Bolero Pickup No. Rj 19/gb-5220)
3. Ganpatram Kala S/o Shri Ghevarram Ji, R/o Dangiyavas
Jodhpur. (Covernote Ke Anusar Owner Vehicle Mahendra
Bolero Pickup No. Rj19/gb.5220)
4. Shri Ram General Insurance Company Ltd., Through
Mandliya Office E-8, Epip Industrial Area, Sitapura, Jaipur.
(Insurance Company Vehicle Mahendra Bolero Pickup No.
Rj19/gb5220) (Policy No. 106024/31/15/000604 Insured
Dated 19-05-2014 To 18-05-2015 Mid Night)
----Respondents
For Appellant(s) : Mr. Girish Sharda
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.
[2023:RJ-JD:44189] (2 of 3) [CMA-1938/2022]
In view of the above request, the appeal has been permitted
to be listed today.
2. An application under Section 5 of the Limitation Act has been
filed for condonation of delay of 98 days caused in filing the
present appeal.
3. Learned counsel Mr. Vishal Singhal has put in appearance for
respondent No.4-insurance company. Service on respondent
Nos.1 to 3 is dispensed with at the risk of the appellant because of
the fact that issue of liability is not under challenge in the present
appeal. Counsel appearing for respondent No.3 does not object to
the condonation of delay and hence, the application under Section
5 of the Limitation Act is allowed. The delay caused in filing the
present appeal is condoned.
4. The present civil misc. appeal has been preferred by the
appellant seeking enhancement of the compensation amount as
awarded by judgment dated 04.03.2022 passed in MAC Case
No.157/2015 (NCV No.3721/2015) by learned Motor Accident
Claims Tribunal, Jodhpur Metro, whereby the claim of the
appellant seeking compensation against the respondents was
partly allowed holding defendant No.4 also liable to pay
compensation of Rs.6,55,069/- with interest @6% per annum.
5. 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.
6. In view of the above and in spirit of lok adalat, the
compensation amount as awarded by the impugned judgment
dated 04.03.2022 is further enhanced by Rs.2,50,000/- in favour
[2023:RJ-JD:44189] (3 of 3) [CMA-1938/2022]
of the claimant-appellant as a full and final settlement of the case.
The amount so agreed shall be deposited by respondent No.4-
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
04.03.2022 passed by MACT, Jodhpur Metro in MAC Case
No.157/2015 (NCV No.3721/2015) is modified accordingly.
7. In view of the above, the appeal is disposed of.
8. Office is directed to send back the record forthwith.
(REKHA BORANA),J
462-T.Singh/Arun/-
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