Devi Singh vs Munshi Ali And Ors. (2025:Rj-Jd:1028)
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Rajasthan High Court - Jodhpur

Devi Singh vs Munshi Ali And Ors. (2025:Rj-Jd:1028) on 7 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:1028]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        JODHPUR

                    S.B. Civil Misc. Appeal No. 1268/2018

Devisingh S/o Shri AchalsinghJi, by caste Rajput, Resident of
Nehru Nagar, Shivganj, District Sirohi
                                                                         ----Appellant
                                       Versus
1. Munshi Ali S/o Shamshuddin by caste Muslim R/o Gram
Shernagar, Kumharo wali gali, Nai Mandi, District Muzzafarnagar
(Uttar Pradesh)-251001.
2. ICICI Lombard General Insurance Company Ltd. Through
authorised officer, Interface bulding no.11, 401/402, fourth floor,
new link road, Malad (west)-Mumbai-400064.
3. Prakash Kumar S/o Harjiramji by caste Meena r/o Keshpura,
Tehsil Shivganj, District Sirohi.
4. Shaitansingh s/o Mohabbatsinghji by caste rajput, r/o
Sheetalamata gali, Shivganj, tehsil Shivganj, District sirobhi.
5. United India Insurance Company ltd. Through authorised
officer, sahara chambers, tonk road, Jaipur-302015.
                                                                    ----Respondents


For Appellant(s)             :     Mr. Prakash Kumar for
                                   Mr. Lokesh Mathur
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 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 01.02.2018 passed by Motor

Accident Claims Tribunal, Sirohi in MAC Case No.131/2012 (CIS

[2025:RJ-JD:1028] (2 of 2) [CMA-1268/2018]

No.247/2014) 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.55,000/- with interest @7.5%

per annum.

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 01.02.2018 is further enhanced by Rs.3,00,000/- 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 198-AbhishekK/-

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