Smt. Pabbu Devi vs Sheshav Palan, (2023:Rj-Jd:44254)
2023 Latest Caselaw 10908 Raj

Rajasthan High Court - Jodhpur

Smt. Pabbu Devi vs Sheshav Palan, (2023:Rj-Jd:44254) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44254]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Misc. Appeal No. 33/2019

1.       Smt. Pabbu Devi W/o Late Manni Ram, Aged About 46
         Years, B/c Garasiya, R/o Dhanari, Tehsil Abu Road,
         District Sirohi.
2.       Ramesh Kumar S/o Late Manni Ram, Aged About 27
         Years, B/c Garasiya, R/o Dhanari, Tehsil Abu Road,
         District Sirohi.
3.       Sita D/o Late Manni Ram, Aged About 18 Years, Minor ,
         Through Natural Guardian Mother Smt. Pappu Devi. B/c
         Garasiya, R/o Dhanari, Tehsil Abu Road, District Sirohi.
4.       Arjun S/o Late Manni Ram, Aged About 15 Years, Minor ,
         Through Natural Guardian Mother Smt. Pappu Devi. B/c
         Garasiya, R/o Dhanari, Tehsil Abu Road, District Sirohi.
                                                                      ----Appellants
                                       Versus
1.       Sheshav Palan, S/o Ashok Palan, B/c Gujarati, R/o Room
         No. 8, Mithaiwala Chaal, Infront Of Bhagwati Hospital,
         Sbp Road, Boriwalli-West, Mh Boriwalli Police Station,
         Mumbai (Driver Of Vehicle)
2.       Kum Asha D/o Himmat Mal, B/c Thakkar, R/o House No.
         26, 4Th Floor, A-Wing, Sudamapuri, Chandravarkar Road,
         Ramdas Sutral Marg, Borriwalli West, Mumbai (Owner Of
         Vehicle)
3.       Icici Lombard General Insurance Company Limited, 2Nd
         Floor, Bhagwati Bhawan, Upperside Of Pl Motors, Nearby
         Govt Hospital Circle, Jaipur. (Insurer Of Vehicle)
                                                                    ----Respondents


For Appellant(s)             :     Mr. Amit Kumar Dadhich
For Respondent(s)            :     Mr. Devendra Singh Chouhan a/w
                                   Mr. Neeraj Bajaj, Legal Manager,
                                   ICICI Lombard General Ins. Co.Ltd.



              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

[2023:RJ-JD:44254] (2 of 3) [CMA-33/2019]

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 03.11.2018 passed in MAC Case

No.164/2016 by learned Motor Accident Claims Tribunal, Abu

Road, District Sirohi 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.4,94,200/-

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 03.11.2018 is further enhanced by Rs.2,20,000/- 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

[2023:RJ-JD:44254] (3 of 3) [CMA-33/2019]

03.11.2018 passed by MACT, Abu Road, District Sirohi in MAC

Case No.164/2016 is modified accordingly.

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

6. Office is directed to send back the record forthwith.

(REKHA BORANA),J

451-KashishS/-

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