Ashok vs Kana Ram @ Kanhaiya Lal And Anr. ...
2023 Latest Caselaw 10901 Raj

Rajasthan High Court - Jodhpur

Ashok vs Kana Ram @ Kanhaiya Lal And Anr. ... on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44431]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1075/2013

Ashok
                                                                    ----Appellant
                                     Versus
Kana Ram @ Kanhaiya Lal And Anr.
                                                                  ----Respondent


For Appellant(s)           :     Mr. Avinash Bhati for
                                 Mr. Mahesh Khyani.
For Respondent(s)          :     Mr. Devendra Singh Chouhan for
                                 Mr. Vipul Singhvi.
                                 Mr. Neeraj Bajaj, Legal Manager,
                                 ICICI Lombard General Ins. Com. Ltd.
                                 (present in person).



              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

appellant seeking enhancement of the compensation amount as

awarded by judgment dated 25.02.2013 passed in MAC Case

No.360/2008 by learned Motor Accident Claims Tribunal (First),

Jodhpur, whereby the claim of the appellant seeking compensation

against the respondents was partly allowed holding defendant

[2023:RJ-JD:44431] (2 of 2) [CMA-1075/2013]

No.2 also liable to pay compensation of Rs.1,49,447/- with

interest @8.5% 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 25.02.2013 is further enhanced by Rs.1,50,000/- 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 25.02.2013

passed by MACT (First), Jodhpur in MAC Case No.360/2008 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 512-sumer/-

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