Rajasthan High Court - Jodhpur
Smt. Jividevi vs Khetaram And Ors. (2025:Rj-Jd:1283) on 7 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:1283]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2117/2017
Smt. Jividevi
----Appellant
Versus
Khetaram And Ors.
----Respondent
Connected With
S.B. Civil Misc. Appeal No. 2145/2017
Smt. Nenudevi And Ors.
----Appellant
Versus
Khetaram And Ors.
----Respondent
For Appellant(s) : Mr. Gaurav Khatri for
Mr. Mohal Lal Khatri
For Respondent(s) : Mr. Vishal Singhal with
Ms. Anamika Baghmar
HON'BLE MS. JUSTICE REKHA BORANA
Order
07/01/2025
S.B. Civil Misc. Appeal No. 2117/2017
1. A joint submission has been made by learned counsels for
the claimant and the Insurance Company that a compromise has
been entered into between the parties in the spirit of Lok Adalat.
2. Learned counsel Mr. Vishal Singhal submits that he has been
authorised by the Insurance Company to enter into the said
compromise.
3. The present civil misc. appeal has been preferred by the
appellant seeking enhancement of the compensation amount as
[2025:RJ-JD:1283] (2 of 4) [CMA-2117/2017]
awarded vide judgment/award dated 06.04.2017 passed by
learned Motor Accident Claims Tribunal, Barmer in MAC Case
No.799/2015 (144/2012) whereby the claim of the appellant
seeking compensation against the respondents was partly allowed
holding defendant No.3-Insurance Company also jointly and
severally liable to pay compensation of Rs.2,65,400/- with interest
@7% per annum.
4. Learned counsel for the parties 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 06.04.2017 is further enhanced by Rs.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 the 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 claimant-appellant.
6. However, it is made clear that as the compromise has been
entered into between the claimant 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 aforesaid enhanced amount to the claimant. The direction
to "Pay and Recover" shall not apply to this enhanced amount.
7. The appeal is disposed of with the above observations.
8. Pending applications, if any, stand disposed of.
[2025:RJ-JD:1283] (3 of 4) [CMA-2117/2017]
S.B. Civil Misc. Appeal No. 2145/2017
1. 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.
2. Learned counsel Mr. Vishal Singhal submits that he has been
authorised by the Insurance Company to enter into the said
compromise.
3. The present civil misc. appeal has been preferred by the
appellant seeking enhancement of the compensation amount as
awarded vide judgment/award dated 06.04.2017 passed by
learned Motor Accident Claims Tribunal, Barmer in MAC Case
No.48/2015 (143/2012) whereby the claim of the appellants
seeking compensation against the respondents was partly allowed
holding defendant No.3-Insurance Company also jointly and
severally liable to pay compensation of Rs.3,36,560/- with interest
@6% per annum.
4. Learned counsel for the parties 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 06.04.2017 is further enhanced by Rs.1,60,000/- in favour
of the claimants-appellants as a full and final settlement of the
case. The amount so agreed shall be deposited by the 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
[2025:RJ-JD:1283] (4 of 4) [CMA-2117/2017]
terms of the award in the saving bank account of the claimants-
appellants.
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 the owner of the vehicle are not a party to
the said compromise, the Insurance Company would only be liable
to pay the aforesaid enhanced amount to the claimants. The
direction to "Pay and Recover" shall not apply to this enhanced
amount.
7. The appeal is disposed of with the above observations.
8. All pending applications, if any, stand disposed of.
(REKHA BORANA),J
195-196-Abhishek/-
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