Shimbhu Ram vs Rawal Singh (2023:Rj-Jd:44220)
2023 Latest Caselaw 10912 Raj

Rajasthan High Court - Jodhpur

Shimbhu Ram vs Rawal Singh (2023:Rj-Jd:44220) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44220]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1951/2022

Shimbhu Ram S/o Shri Girdhari Ram, Aged About 53 Years, R/o
Jajro Ka Bas, Village Kajnau Kalla, Tehsil Bhopalgarh Dist.
Jodhpur. (Raj.)
                                                                     ----Appellant
                                     Versus
1.       Rawal Singh S/o Shri Jethu Singh, Aged About 49 Years,
         R/o Village Bher, Tehsil Lohawat District Jodhpur. (Raj.)
         (Driver Of The Vehicle)
2.       Bhanwar Lal S/o Raja Ram, Aged About 54 Years, R/o Jain
         Colony, Ward Number-52, Mahamandir, Jodhpur. (Raj.)
         (Owner Of The Vehicle)
3.       Bajaj Aliens General Insurance Company Limited,
         Divisional Office, R/o Flate No. 403-404, Harnath Tower,
         4Th G Floor, Plot No. 117, Opposite H.s.b.c. Bank, P.w.d.
         Colony Jodhpur. (Raj.) (Insurance Company Of The
         Vehicle)
                                                                  ----Respondents


For Appellant(s)           :     Mr. S.K. Sankhla
For Respondent(s)          :     Mr. Vishal Singhal



              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. Service on respondent No.1 is complete. Learned counsel

Mr. Vishal Singhal puts in appearance for respondent No.3-

[2023:RJ-JD:44220] (2 of 3) [CMA-1951/2022]

insurance company. Service on respondent No.2 is dispensed with

at the risk of the appellant.

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.

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

appellant seeking enhancement of the compensation amount as

awarded by judgment dated 20.07.2022 passed in MAC Case

No.694/2017 (NCV No.694/2017) by learned Motor Accident

Claims Tribunal-I, Jodhpur 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.2,12,340/- 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 20.07.2022 is further enhanced by Rs.2,00,000/- 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

[2023:RJ-JD:44220] (3 of 3) [CMA-1951/2022]

20.07.2022 passed by MACT-I, Jodhpur in MAC Case No.694/2017

is modified accordingly.

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

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

(REKHA BORANA),J 489-T.Singh/Arun/-

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