Rajasthan High Court - Jodhpur
Dariya vs Pankaj Vaishnav (2025:Rj-Jd:741) on 7 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:741]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2539/2024
1. Dariya W/o Prem Prakash, Aged About 46 Years, R/o
Jatiyo Ka Bas, Near Ramdev Temple, Sojat, Tehsil Sojat,
District Pali, (Raj)
2. Prem Prakash S/o Jugraj, Aged About 49 Years, R/o Jatiyo
Ka Bas, Near Ramdev Temple, Sojat, Tehsil Sojat, District
Pali, (Raj)
----Appellants
Versus
1. Pankaj Vaishnav S/o Ghanshyam, R/o Dholiwadi Ka Bas,
Sojat, Tehsil Sojat, District Pali, (Raj.) (Driver And Owner
Of Vehicle Motorcycle No. Rj-22-Ps-6250)
2. Icici Lombard General Insurance Company Ltd.,
Registered Office, Icici Lombard House, 414 P Balu Marg,
Off Veer Savarkar Marg, Near Siddhi Vinayak Temple,
Prabha Devi, Mumbai-400025, Branch Office-Shrinath 87-
A, Above Idbi Bank, Veer Durgadas Nagar, Pali, District
Pali (Raj.) (Insurance Co. Of Vehicle Motorcycle No. Rj-
22-Ps-6250)
----Respondents
For Appellant(s) : Mr. Ravi Panwar
For Respondent(s) : Mr. Devendra Singh Chouhan
HON'BLE MS. JUSTICE REKHA BORANA
Order
07/01/2025
1. The appeal is reported to be barred by 46 days.
2. An application under Section 5 of the Limitation Act has been
filed to condone the delay.
[2025:RJ-JD:741] (2 of 3) [CMA-2539/2024]
3. For the reasons stated in the application, the same is
allowed. The delay caused in filing the present appeal is
condoned.
4. Admit. Issue notice.
5. Service on respondent No.1 is dispensed with at the request
of counsel for the appellants.
6. Counsel Mr. Devendra Singh Chouhan has put in appearance
for respondent No.2. Hence, service is complete.
7. A joint submission has been made by learned counsels for
the claimants and the Insurance Company that a compromise has
been entered into between the parties in the spirit of Lok Adalat.
8. Mr. Sanjay Singh, the Legal Manager of respondent-
Insurance Company has been authorised by the Insurance
Company to enter into the said compromise.
9. The present civil misc. appeal has been preferred by the
appellants seeking enhancement of the compensation amount as
awarded vide judgment and award dated 18.04.2024 passed in
MAC Case No.06/2020 (CIS No.06/2020) by Motor Accident
Claims Tribunal, Sojat, District Pali whereby the claim of the
appellants seeking compensation against the respondents was
allowed holding defendant No.2-Insurance Company also jointly
and severally liable to pay compensation of Rs.9,54,520/- with
interest @6% per annum.
10. Learned counsel for the parties have placed on record a
memorandum of understanding/compromise entered into between
the parties, which is taken on record.
11. In view of the above and in spirit of Lok Adalat, the
compensation amount as awarded by the impugned
[2025:RJ-JD:741] (3 of 3) [CMA-2539/2024]
judgment/award dated 18.04.2024 is further enhanced by
Rs.2,50,000/- in favour of the claimants-appellants as a full and
final settlement of the case. The amount so agreed shall be
deposited by respondent No.2-Insurance Company with the
Tribunal within a period of three 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 the saving bank account
of the claimants-appellants.
12. The appeal is disposed of with the above observations.
13. All pending applications, if any, stand disposed of.
(REKHA BORANA),J
190-KashishS/-
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