Lala Ram vs Kana Ram (2023:Rj-Jd:44390)
2023 Latest Caselaw 10909 Raj

Rajasthan High Court - Jodhpur

Lala Ram vs Kana Ram (2023:Rj-Jd:44390) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44390]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
             S.B. Civil Misc. Appeal No. 167/2019

Lala Ram S/o Late Shri Ramesh Kumar, Aged About 10 Years,
B/c Garasiya, R/o Gadiya Pindwara, District Sirohi. (Minor)
Through Natural Guardian Smt. Tijadevi Wd/o Ramesh Kumar, B/
c Garasiya, R/o Village Gadiya, Tehsil Pindwara, District Sirohi.
                                                      ----Appellant
                             Versus
1.     Kana Ram S/o Ranchharam, B/c Garasiya, R/o Nadiaifali
       Bhimana, P.s. Nana, District Pali (Raj.) (Driver)
2.     Prakash Kumar S/o Dhanna Ram, B/c Garasiya, R/o
       Rotelafali Bhimana, P.s. Nana, Tehsil Bali, District Pali
       (Raj.)
3.     Icici Lombard General Insurance Company Limited,
       Through Its Manager, 48 Panchwati Iind Floor, Hero
       Honda Building, Udaipur. (Insurer)         ----Respondents


For Appellant(s)           :     Mr. J.P. Bhardwaj
For Respondent(s)          :     Mr. Devendra Singh Chouhan
                                 Mr. Neeraj Bajaj, Legal Manager,
                                 ICICI Lombard GIC 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(s) seeking enhancement of the compensation amount as

awarded by judgment dated 08.08.2018 passed in MAC Case

No.141/2016 (CIS No.136/2016) by learned Motor Accident

Claims Tribunal (ADJ No.1), Abu Road whereby the claim of the

[2023:RJ-JD:44390] (2 of 2) [CMA-167/2019]

appellant(s) seeking compensation against the respondents was

partly allowed holding defendant No.3 also liable to pay

compensation of Rs.74,863/- 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 08.08.2018 is further enhanced by Rs.2,00,000/- in favour

of the claimant(s)-appellant(s) 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(s)-appellant(s). The impugned judgment/

award dated 08.08.2018 passed by MACT, (ADJ No.1), Abu Road

in MAC Case No.141/2016 (CIS No.136/2016) 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

495-Vij/-

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