Rajasthan High Court - Jodhpur
Bhagwati Devi vs Jetharam (2023:Rj-Jd:44352) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44352]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1081/2019
1. Bhagwati Devi W/o Late Shri Mukesh, Aged About 31
Years, B/c Suthar, R/o 11/316, Chopasni Housing Board,
Jodhpur, Rajasthan.
2. Prashant S/o Late Shri Mukesh, Aged About 19 Years, B/c
Suthar, R/o 11/316, Chopasni Housing Board, Jodhpur,
Rajasthan.
3. Pratibha D/o Late Shri Mukesh, Aged About 11 Years,
Minor Through Appellant No. 1. B/c Suthar, R/o 11/316,
Chopasni Housing Board, Jodhpur, Rajasthan.
----Appellants
Versus
1. Jetharam S/o Udaram, B/c Jat, R/o Sadusar, Police
Station - Dungargadh, District Bikaner, , Rajasthan.
(Driver)
2. Ramlal S/o Udaram, B/c Jat, R/o Sudasar, Police Station -
Dungargadh, District Bikaner, Rajasthan. (Owner)
3. Shri Ram General Inusurance Company Limited,
Divisional Office, Shagun, Bachraj Ji Ka Bagh, Sardarpura
9Th Road, Jodhpur. (Insurance Company)
4. Smt. Sukhi Devi W/o Kaniram, Aged About 52 Years, B/c
Suthar, R/o 5/45, Chopasni Housing Board, Jodhpur.
5. Kaniram S/o Parmaram, Aged About 57 Years, B/c Suthar,
R/o 5/45, Chopasni Housing Board, Jodhpur.
----Respondents
For Appellant(s) : Mr. Mudit Vaishnav for
Mr. Rajesh Panwar.
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
[2023:RJ-JD:44352] (2 of 3) [CMA-1081/2019]
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 02.02.2019 passed in MAC Case
No.125/2011 (NCV No. 2246/2014) by learned Motor Accident
Claims Tribunal First, Jodhpur, whereby the claimants have been
held entitled to a compensation of Rs.7,91,920/- with interest
@9% per annum. Vide the said award, the insurance company has
been exonerated but has been directed to "Pay and Recover".
3. Learned counsel for the claimants and insurance company, in
the spirit of lok adalat, have placed on record a memorandum of
understanding/compromise entered into between them which is
taken on record.
4. Learned counsel appearing for the insurance company, on
instructions, submits that although the insurance company has
been exonerated from the liability and has been granted liberty to
pay and recover, the insurance company is ready to pay the
enhanced amount of the award to the claimants without any
direction/liberty to pay and recover.
5. In view of the submission made and in the spirit of lok
adalat, the compensation amount as awarded by the impugned
award dated 02.02.2019 is further enhanced by Rs.1,50,000/- in
favour of the claimants-appellants as full and final settlement of
the case. The amount so agreed shall be deposited by respondent
[2023:RJ-JD:44352] (3 of 3) [CMA-1081/2019]
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
02.02.2019 passed by MACT First, Jodhpur in MAC Case
No.125/2011 (NCV No. 2246/2014) is modified accordingly.
6. However, it is made clear that as the compromise has been
entered into between the claimants and the insurance company
only and the driver and owner of the vehicle are not a party to the
said compromise, the insurance company would only be liable to
pay the enhanced amount to the claimants as directed above. The
direction to "Pay and Recover" shall not apply to this enhanced
amount.
7. The appeal is disposed of with the above observations.
8. Office is directed to send back the record forthwith.
(REKHA BORANA),J
540-sumer/-
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