Smt. Manju Devi And Ors vs Sanwar Mal And Ors. (2023:Rj-Jd:44405)
2023 Latest Caselaw 10943 Raj

Rajasthan High Court - Jodhpur

Smt. Manju Devi And Ors vs Sanwar Mal And Ors. (2023:Rj-Jd:44405) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44405]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR

                     S.B. Civil Misc. Appeal No. 237/2016

Smt. Manju Devi And Ors.
                                                                       ----Appellants
                                        Versus
Sanwar Mal And Ors.
                                                                     ----Respondents


For Appellant(s)              :     Mr. Mahaveer Pareek
For Respondent(s)             :     Mr. Ayush Goyal for
                                    Mr. Vinay Kothari
                                    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 appeal is reported to be barred by 10 days.

Service of the application under Section 5 of the Limitation

Act is complete on respondent No.2 owner and respondent No.3

Insurance Company.

The counsel appearing for respondent No.3 does not object

to the condonation of the delay and hence, the application under

[2023:RJ-JD:44405] (2 of 3) [CMA-237/2016]

Section 5 of the Limitation Act is allowed. The delay caused in

filing the present appeal is condoned.

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

appellant(s) seeking enhancement of the compensation amount as

awarded by judgment dated 29.09.2015 passed in MAC Case

No.57/2009 by learned Motor Accident Claims Tribunal, Churu

whereby the claim of the appellant(s) seeking compensation

against the respondents was partly allowed holding defendant

No.3 also liable to pay compensation of Rs.18,02,000/- 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 29.09.2015 is further enhanced by Rs.5,00,000/- 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 29.09.2015 passed by MACT, Churu in MAC Case

No.57/2009 is modified accordingly.

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

[2023:RJ-JD:44405] (3 of 3) [CMA-237/2016]

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

(REKHA BORANA),J Com.2-Vij/-

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