Rajasthan High Court - Jodhpur
Jagdish Prashad vs Sandeep Solanki (2025:Rj-Jd:783) on 7 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:783]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2588/2024
Jagdish Prashad S/o Shri Shankarlal Agarwal, Aged About 66
Years, R/o Maliyon Ki Gali, Mahavir Pyaau Ke Piche, Vijay Chowk,
P.s. Nagori Gate, Jodhpur.
----Appellant
Versus
1. Sandeep Solanki S/o Shri Govindram Ji, R/o Ganeshpura,
House No.71, Gali No.3, Police Station Ratanada, Jodhpur.
(Driver/owner Of Vehicle Alto Car No. Rj-19-Cd-5770)
2. ICICI Lombard General Insurance Company. Ltd., Bhati
Chauraha, Ratanada, Jodhpur (Insurance Co. Of Vehicle
Alto Car No. Rj-19-Cd-5770 Engine No. 5920285, Chassis
No.-B63375) (Insurance Police Number 3008/mi-
05445983/00/000 Insurance Period Date 01-01-2018To
13-12-2018)
----Respondents
For Appellant(s) : Ms. Chand Kanwar for
Ms. Madhu Boob
For Respondent(s) : Mr. Devendra Singh Chouhan
HON'BLE MS. JUSTICE REKHA BORANA
Order
07/01/2025
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. 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 dated 21.05.2024 passed by learned
[2025:RJ-JD:783] (2 of 2) [CMA-2588/2024]
Motor Accident Claims Tribunal, Jodhpur in MAC Case No.16/2022
(29/2019) (NCV No.16/2022) whereby the claim of the appellant
seeking compensation against the respondents was allowed
holding defendant No.2-Insurance Company also jointly and
severally liable to pay compensation of Rs.2,89,039/- with interest
@6% per annum from date of filing claim petition till date of
judgment/award and interest @9% per annum from date of
judgment/award till actual realization.
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 the spirit of Lok Adalat, the
compensation amount as awarded by the impugned judgment
dated 21.05.2024 is further enhanced by Rs.2,00,000/- 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
terms of the award 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.
(REKHA BORANA),J
208-AbhishekK/-
Powered by TCPDF (www.tcpdf.org)
