Madaji Rajput @ Madan Singh vs Om Prakash And Ors. (2023:Rj-Jd:44436)
2023 Latest Caselaw 10906 Raj

Rajasthan High Court - Jodhpur

Madaji Rajput @ Madan Singh vs Om Prakash And Ors. (2023:Rj-Jd:44436) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44436]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Misc. Appeal No. 468/2018

Madaji Rajput @ Madan Singh S/o Ratanji, Resident Of Sherpura,
Tehsil Deesa, District - Banaskantha, At Present Resident Of
Gandhinagar, Abu Road, District - Sirohi.
                                                                        ----Appellant
                                        Versus
1.       Om Prakash S/o Badriram, By Caste - Jat, Resident Of
         Trilokpura Ajeetgarh, District - Sikar, At Present Resident
         Of P.s. Sirohi. - Driver
2.       Vastupal Singh Chouhan S/o Nathu Singh, By Caste -
         Chouhan, Resident Of Nayawas, Sainik Was, Sirohi.
         Owner
3.       The Oriental Insurance Company Limited, Through Its
         Divisional Manager, Chandel Building, Mandia Road, Pali
         Raj. Insurance Company
                                                                     ----Respondents


For Appellant(s)              :     Mr. Ravi Panwar.
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. Learned counsel Mr. Aditya Singhi puts in appearance for

respondent no. 3- Insurance Company.

Service of respondent Nos. 1 and 2 is dispensed with at the

risk of appellant.

3. The present civil misc. appeal has been preferred by the

appellant seeking enhancement of the compensation amount as

[2023:RJ-JD:44436] (2 of 2) [CMA-468/2018]

awarded by judgment dated 17.11.2017 passed in MAC Case

No.60/2016 by learned Motor Accident Claims Tribunal, Abu Road,

District Sirohi, whereby the claim of the appellant seeking

compensation against the respondents was partly allowed holding

defendant No.3 also liable to pay compensation of Rs.8,56,523/-

with interest @6% per annum.

4. 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.

5. In view of the above and in spirit of Lok Adalat, the

compensation amount as awarded by the impugned judgment

dated 17.11.2017 is further enhanced by Rs.3,75,000/- 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.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 claimant-

appellant. The impugned judgment/award dated 17.11.2017

passed by MACT, Abu Road, District Sirohi in MAC Case

No.60/2016 is modified accordingly.

6. In view of the above, the appeal is disposed of.

7. Office is directed to send back the record, if any, forthwith.

(REKHA BORANA),J 492-sumer/-

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