Rajasthan High Court - Jodhpur
Anek Kunwar vs Jai Singh (2023:Rj-Jd:44355) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44355]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 541/2019
1. Anek Kunwar W/o Late Shri Ganpat Singh, Aged About 40
Years, B/c Rajput, R/o Badla, Tehsil Sheoganj, Distt.
Sirohi Raj.
2. Dev Pal Singh S/o Late Shri Ganpat Singh, Aged About 20
Years, B/c Rajput, R/o Badla, Tehsil Sheoganj, Distt.
Sirohi Raj.
3. Miss Khushak Kunwar D/o Late Shri Ganpat Singh, Aged
About 16 Years, Minor Through Natural Guardian Mother,
Appellant No. 1 Anek Kanwar. B/c Rajput, R/o Badla,
Tehsil Sheoganj, Distt. Sirohi Raj.
4. Miss Om Kunwar D/o Late Shri Ganpat Singh, Aged About
14 Years, Minor Through Natural Guardian Mother,
Appellant No. 1 Anek Kanwar. B/c Rajput, R/o Badla,
Tehsil Sheoganj, Distt. Sirohi Raj.
5. Raju Singh S/o Late Shri Anop Singh, Aged About 68
Years, B/c Rajput, R/o Badla, Tehsil Sheoganj, Distt.
Sirohi Raj.
----Appellants
Versus
1. Jai Singh S/o Shree Birdu Ram, Aged About 25 Years, B/c
Yadav, R/o Dhani Kodhi Village Sihor, P.s. Basai, District
Jhunjhunu (Raj.) (Driver)
2. Valji Bhai S/o Shri Ganesh Bhai, Aged About 74 Years, B/c
Chaudhary, R/o Uchravi P.s. Mehsana, District Mehsana
(Guj.) (Owner)
3. Reliance General Insurance Company Ltd, Iii Floor, Ajayal
Banglose Opposite Hdfc House, Mithakhali Six Road,
Navrangpura, Ahemdabad. (Guj.) (Insurer)
----Respondents
For Appellant(s) : Mr. Abhimanyu Singh on behalf of
Mr. B.S. Deora.
For Respondent(s) : Mr. Vishal Singhal.
HON'BLE MS. JUSTICE REKHA BORANA
Order
[2023:RJ-JD:44355] (2 of 3) [CMA-541/2019]
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 12.11.2018 passed in MAC Case
No.79/2013 (CIS No. 354/2014) by learned Motor Accident Claims
Tribunal, 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.7,83,750/-
with interest @8% per annum.
3. Learned counsel Mr. Vishal Singhal submits that he has been
authorized by the Insurance Company to enter into the
compromise in the spirit of Lok Adalat.
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 12.11.2018 is further enhanced by Rs.1,40,000/- in favour
of the claimants-appellants as a full and final settlement of the
case. The amount so agreed shall be deposited by respondent
[2023:RJ-JD:44355] (3 of 3) [CMA-541/2019]
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 12.11.2018
passed by MACT, Sirohi in MAC Case No.79/2013 (CIS
No.354/2014) 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
539-sumer/-
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