Citation : 2025 Latest Caselaw 3850 Raj
Judgement Date : 7 January, 2025
[2025:RJ-JD:834]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 136/2015
Purshotam Acharya
----Appellant
Versus
Ganesh Dan And Ors.
----Respondents
For Appellant(s) : Mr. Hemant Ballani
For Respondent(s) : Mr. Jagdish Vyas
HON'BLE MS. JUSTICE REKHA BORANA
Order
07/01/2025
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. Mr. Sanjay Singh, the Legal Manager of respondent-
Insurance Company 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 07.11.2014 passed by
learned Motor Accident Claims Tribunal, Jaisalmer in MAC Case
No.65/2010 whereby the claim of the appellant seeking
compensation against the respondents was allowed holding
defendant No.3-Insurance Company also jointly and severally
liable to pay compensation of Rs.37,800/- with interest @6% per
annum.
[2025:RJ-JD:834] (2 of 2) [CMA-136/2015]
4. Learned counsels 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 07.11.2014 is further enhanced by Rs.2,30,000/- 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. The appeal is disposed of with the above observations.
7. All pending applications, if any, stand disposed of.
8. Let the record be sent back to the learned Tribunal forthwith.
(REKHA BORANA),J 231-Devanshi/-
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