Kamla Devi vs Imran Khan Bhati (2025:Rj-Jd:864)
2025 Latest Caselaw 3872 Raj

Rajasthan High Court - Jodhpur

Kamla Devi vs Imran Khan Bhati (2025:Rj-Jd:864) on 7 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:864]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Misc. Appeal No. 236/2024

1.       Kamla Devi W/o Late Prahlad Rai, Aged About 42 Years,
         R/o Karanpura Tehsil Bhadra District Hanumangarh
2.       Rinku Rani D/o Late Prahlad Rai, Aged About 23 Years, R/
         o Karanpura Tehsil Bhadra District Hanumangarh
3.       Pradeep S/o Late Prahlad Rai, Aged About 21 Years, R/o
         Karanpura Tehsil Bhadra District Hanumangarh
4.       Manoj Kumar S/o Late Prahlad Rai, Aged About 20 Years,
         R/o Karanpura Tehsil Bhadra District Hanumangarh
                                                                     ----Appellants
                                      Versus
1.       Imran Khan Bhati S/o Gulam Khan Bhati, R/o Ward No. 8
         Rajgarh Tehsil Rajgarh District Churu Rajasthan (Driver)
2.       Manju Devi W/o Chhota Ram, R/o Ward No 10 Qureshi
         Market Ke Piche Rajgarh Tehsil Churu Rajgarh District
         Churu (Owner)
3.       Legal Manager, Shri Ram General Insurance Company
         Limited E-8 Epip Riico Industrial Ara Satipura Jaipur
         302022 Rajasthan (Insurance Company)
                                                                   ----Respondents


For Appellant(s)            :     Mr. Mohan Ram Choudhary
For Respondent(s)           :     Mr. Vishal Singhal
                                  Ms. Anamika Baghmar


              HON'BLE MS. JUSTICE REKHA BORANA

Judgment

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

awarded vide judgment dated 14.09.2023 passed by learned

[2025:RJ-JD:864] (2 of 2) [CMA-236/2024]

Motor Accident Claims Tribunal, Bhadra, District Hanumangarh in

MAC Case No.04/2020 (CIS No.04/2020) 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.9,85,600/-

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 spirit of Lok Adalat, the

compensation amount as awarded by the impugned judgment

dated 14.09.2023 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 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 claimants-

appellants.

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

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

(REKHA BORANA),J 242-praveen/-

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