Rajasthan High Court - Jodhpur
Amar Singh vs Kailash Gameti (2023:Rj-Jd:44444) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44444]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2775/2018
Amar Singh S/o Shri Ramkishan, Aged About 34 Years, B/c
Meena, R/o Kuchalwada Khurd, Tehsil Jahazpur, District Bhilwara.
----Appellant
Versus
1. Kailash Gameti S/o Ratan Lal Gameti, R/o Village -
Kailashpuri, P.s. - Sukher, District Udaipur. (Driver)
2. Bhanwar Singh S/o Bheru Singh Rajput, R/o Village -
Damawadi, Post - Delwada, Tehsil - Nathdwara, District
Rajsamand. (Owner)
3. Shriram General Insurance Company Ltd., Through Its
Divisional Manager, Shriram General Insurance Co. Ltd.,
Branch Office - E-8, Riico Industrial Area, Sitapur, Jaipur.
(Insurer)
----Respondents
For Appellant(s) : Mr. Manish Pitaliya.
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. The present civil misc. appeal has been preferred by the
appellant seeking enhancement of the compensation amount as
awarded by judgment dated 5.7.2018 passed in MAC Case
[2023:RJ-JD:44444] (2 of 3) [CMA-2775/2018]
No.164/2012(CIS No. 306/2014) by learned Motor Accident
Claims Tribunal (Additional District Judge), Shahpura, District
Bhilwara, 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.3,10,606/-
with interest @7.5% 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. 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.
5. In view of the above and in spirit of Lok Adalat, the
compensation amount as awarded by the impugned judgment
dated 5.7.2018 is further enhanced by Rs.4,50,000/- 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 5.7.2018 passed
by MACT (Additional District Judge) Shahpura, District Bhilwara in
MAC Case No.164/2012 (CIS No. 306/2014) is modified
accordingly.
6. In view of the above, the appeal is disposed of.
[2023:RJ-JD:44444] (3 of 3) [CMA-2775/2018]
7. Office is directed to send back the record, if any, forthwith.
(REKHA BORANA),J
478-sumer/-
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