Shakila vs Hdfc Argo General Insurance Company ...
2025 Latest Caselaw 3860 Raj

Rajasthan High Court - Jodhpur

Shakila vs Hdfc Argo General Insurance Company ... on 7 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:849]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
             S.B. Civil Misc. Appeal No. 408/2021

1.       Shakila W/o Hasan Ali, Aged About 49 Years, Ghatera,
         Tehsil Nimbahera, At Present At Kachi Basti Gandhi Nagar,
         Chittorgarh
2.       Amjad Khan S/o Hasan Khan Ali, Aged About 29 Years,
         Ghatera, Tehsil Nimbahera, At Present At Kachi Basti
         Gandhi Nagar, Chittorgarh
3.       Sharukh S/o Hasan Khan Ali, Aged About 27 Years,
         Ghatera, Tehsil Nimbahera, At Present At Kachi Basti
         Gandhi Nagar, Chittorgarh
4.       Heena D/o Hasan Khan Ali, Aged About 24 Years,
         Ghatera, Tehsil Nimbahera, At Present At Kachi Basti
         Gandhi Nagar, Chittorgarh
5.       Javed S/o Hasan Khan Ali, Aged About 22 Years, Ghatera,
         Tehsil Nimbahera, At Present At Kachi Basti Gandhi Nagar,
         Chittorgarh
                                                     ----Appellants
                               Versus
1.       Hdfc Argo General Insurance Company Limited, Through
         Branch Manager, Jaipur
2.       Gurdev Singh S/o Mahanga Singh, Kothi, 369, Sector
         Nimber 71, Sasnagar, Mohali, Dis. Mohali, Punjab
3.       Arvind Kumar S/o Ajmer Singh, Dabri, Rasulabad, Dis.
         Kanpur, Uttar Pradesh
                                                  ----Respondents


For Appellant(s)         :     Mr. Dharmendra Singh Gaur
For Respondent(s)        :     Mr. Vishal Singhal


              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. 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

appellants seeking enhancement of the compensation amount as

[2025:RJ-JD:849] (2 of 2) [CMA-408/2021]

awarded vide judgment dated 06.02.2021 passed by learned

Motor Accident Claims Tribunal, Nimbahera, Chittorgarh in Civil

Misc. Case (38) No.89/2018 (79/2017) (CIS No.79/2017) whereby

the claim of the appellants seeking compensation against the

respondents was allowed holding defendant No.1-Insurance

Company also jointly and severally liable to pay compensation of

Rs.6,39,184/- with interest @9% 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 the spirit of Lok Adalat, the

compensation amount as awarded by the impugned judgment

dated 06.02.2021 is further enhanced by Rs.4,50,000/- in favour

of the claimants-appellants as a full and final settlement of the

case. The amount so agreed shall be deposited by 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-

appellants.

6. The appeal is disposed of with the above observations.

7. All pending applications, if any, stand disposed of.

(REKHA BORANA),J 204-AbhishekK/-

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