Hanjaram vs Banshilal (2025:Rj-Jd:873)
2025 Latest Caselaw 3874 Raj

Rajasthan High Court - Jodhpur

Hanjaram vs Banshilal (2025:Rj-Jd:873) on 7 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:873]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Misc. Appeal No. 259/2021

Hanjaram S/o Ramiji, Aged About 32 Years, Bilakh Kikawat,
Tehsil Rishabdev, Dis. Udaipur
                                                                      ----Appellant
                                      Versus
1.       Banshilal S/o Hakra Meena, 257 Gorimba Fala Gadhavat,
         Tehsil Risabdev, Dis. Udaipur
2.       Shree      Ram     General         Insurance         Company     Limited,
         Divisional Office, Udaipur
                                                                   ----Respondents


For Appellant(s)            :     Mr. Bharat Shrimali
For Respondent(s)           :     Mr. Vishal Singhal



              HON'BLE MS. JUSTICE REKHA BORANA

Judgment

07/01/2025

1. Admit. Issue Notice.

2. Service on respondent No.1 is dispensed with at the request

of the counsel for the appellant.

3. Mr. Vishal Singhal, learned counsel has put in appearance on

behalf of respondent No.2. Service, is hence complete.

4. 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.

5. Learned counsel Mr. Vishal Singhal submits that he has been

authorised by the Insurance Company to enter into the said

compromise.

6. The present civil misc. appeal has been preferred by the

appellant seeking enhancement of the compensation amount as

[2025:RJ-JD:873] (2 of 2) [CMA-259/2021]

awarded vide judgment dated 13.01.2020 passed by learned

Motor Accident Claims Tribunal, Kherwara, District Udaipur in MAC

Case No.110/2016 (CIS No.110/2016) whereby the claim of the

appellant seeking compensation against the respondents was

partly allowed holding defendant No.2-Insurance Company also

jointly and severally liable to pay compensation of Rs.56,000/-

with interest @ 7.5% per annum.

7. Learned counsel for the parties have placed on record a

memorandum of understanding/compromise entered into between

the parties, which is taken on record.

8. In view of the above and in spirit of Lok Adalat, the

compensation amount as awarded by the impugned judgment

dated 13.01.2020 is further enhanced by Rs.1,80,000/- 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 105-praveen/-

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