Dhagli Devi vs Hadmanram (2023:Rj-Jd:44359)
2023 Latest Caselaw 10904 Raj

Rajasthan High Court - Jodhpur

Dhagli Devi vs Hadmanram (2023:Rj-Jd:44359) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44359]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 3106/2018

Dhagli Devi W/o Late Shrawan Ram, Aged About 31 Years, B/c
Bishnoi, R/o Gram Jaleli Fozdara, Tehsil And District Jodhpur.
                                                                     ----Appellant
                                     Versus
Hadmanram S/o Shri Manaram, B/c Jat, R/o Gram Devgarh, Post
Office Agolai, Tehsil Shergarh, District Jodhpur. (Driver Vehicle
Truck No. Rj-19-Gb-8032)
                                                                   ----Respondent


For Appellant(s)           :     Mr. R.K. Bishnoi.
For Respondent(s)          :     Mr. Aditya Singhi for
                                 Mr. Moola Ram Choudhary.



              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 31.07.2018 passed in MAC Case

No.247/2014(2933/2014) by learned Motor Accident Claims

Tribunal, Jodhpur Metro, whereby the claim of the appellants

seeking compensation against the respondents was partly allowed

[2023:RJ-JD:44359] (2 of 2) [CMA-3106/2018]

holding defendant No.3 also liable to pay compensation of

Rs.11,36,716/- 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 31.07.2018 is further enhanced by Rs.1,60,000/- 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 31.07.2018

passed by MACT, Jodhpur Metro in MAC Case No.247/2014

(2933/2014) 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 538-sumer/-

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