Megha Ram vs Jagdish @ Jaga Ram (2023:Rj-Jd:44442)
2023 Latest Caselaw 10947 Raj

Rajasthan High Court - Jodhpur

Megha Ram vs Jagdish @ Jaga Ram (2023:Rj-Jd:44442) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44442]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 3191/2018

Megha Ram S/o Shri Tulsa Ram, Aged About 28 Years, B/c
Devasi, R/o Dujana, Tehsil Sumerpur, District Pali(Raj.)
                                                                     ----Appellant
                                     Versus
1.       Jagdish @ Jaga Ram S/o Shri Bhagwan Ji, Aged About 38
         Years, B/c - Devasi, R/o Dujana, Tehsil Sumerpur, District
         Pali(Raj.) (Driver Of Vehicle Rj-22-As-5409)
2.       Sawa Ram S/o Shri Dala Ram, Aged About 30 Years, B/c -
         Devasi, R/o Dujana, Tehsil - Sumerpur, District - Pali(Raj.)
         (Owner Of Vehicle Rj-22-As-5409)
3.       Branch Manager, I.c.i.c.i. Lombard General Insurance
         Company Limited, P.r.m. Tower Flat No. 947, 10Th D
         Road, Sardarpura, Jodhpur(Raj.) (Insurance Company Of
         Vehicle Rj-22-As-5409)
                                                                  ----Respondents


For Appellant(s)           :     Mr. Vikram Choudhary.
For Respondent(s)          :     Mr. Aditya Singhi.
                                 Mr. Neeraj Bajaj, Legal Manager,
                                 ICICI Lombard General Ins. Com. 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 seeking enhancement of the compensation amount as

awarded by judgment dated 13.08.2018 passed in MAC Case

No.45/2016(CIS No. 45/2016) by learned Motor Accident Claims

[2023:RJ-JD:44442] (2 of 2) [CMA-3191/2018]

Tribunal, Sumerpur, District Pali, 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.2,91,543/- with interest @8% 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 13.08.2018 is further enhanced by Rs.2,50,000/- 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 13.08.2018

passed by MACT, Sumerpur, District Pali in MAC Case

No.45/2016(CIS No. 45/2016) 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 481-sumer/-

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