Rajasthan High Court - Jodhpur
Seeta Devi vs Bhom Singh (2025:Rj-Jd:878) on 7 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:878]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 3430/2019
1. Seeta Devi W/o Late Shri Pappu Ram, Aged About 30
Years, B/c Mali, R/o Gumaniyo Ka Bera, Balesar, Tehsil
Baledar, District Jodhpur.
2. Chandu Devi W/o Hukma Ram, Aged About 61 Years, B/c
Mali, R/o Gumaniyo Ka Bera, Balesar, Tehsil Baledar,
District Jodhpur.
3. Hukma Ram S/o Heera Ram, Aged About 69 Years, B/c
Mali, R/o Gumaniyo Ka Bera, Balesar, Tehsil Baledar,
District Jodhpur.
4. Prakash S/o Hukma Ram, Aged About 26 Years, B/c Mali,
R/o Gumaniyo Ka Bera, Balesar, Tehsil Baledar, District
Jodhpur.
5. Dilip S/o Late Shri Pappu Ram, Aged About 11 Years,
Minor Through Natural Guardian Mother Smt. Seeta Devi.
B/c Mali, R/o Gumaniyo Ka Bera, Balesar, Tehsil Baledar,
District Jodhpur.
6. Govind S/o Late Shri Pappu Ram, Aged About 9 Years,
Minor Through Natural Guardian Mother Smt. Seeta Devi.
B/c Mali, R/o Gumaniyo Ka Bera, Balesar, Tehsil Baledar,
District Jodhpur.
7. Gopal S/o Late Shri Pappu Ram, Aged About 7 Years,
Minor Through Natural Guardian Mother Smt. Seeta Devi.
B/c Mali, R/o Gumaniyo Ka Bera, Balesar, Tehsil Baledar,
District Jodhpur.
----Appellants
Versus
1. Bhom Singh S/o Sujan Singh, B/c Rajput, R/o Kui Inda
P.s. Balesar, Tehsil Shergarh, Distt. Jodhpur (Raj.)
(Driver)
2. Lal Singh S/o Girdhari Singh, B/c Rajput, R/o Dawad Ki
Dhanis Baila Ranaji, P.s. Balesar, District Jodhpur (Owner)
3. Divisional Manager, Shri Ram General Insurance Company
Ltd., E-8, Epip, Riico Seetapura, Jaipur (Raj.) (Insurance
Company)
----Respondents
(Downloaded on 08/01/2025 at 09:35:16 PM)
[2025:RJ-JD:878] (2 of 3) [CMA-3430/2019]
For Appellant(s) : Mr.D.L.R Vyas
For Respondent(s) : Mr. Vishal Singhal
Ms. Anamika Baghmar
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 respondent-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/award dated 20.07.2019 passed by
learned Motor Accident Claims Tribunal First, Jodhpur in MAC Case
No.34/2013 (NCV No.356/2014) whereby the claim of the
appellants seeking compensation against the respondents was
allowed holding defendant No.3-Insurance Company also jointly
and severally liable to pay compensation of Rs.9,95,776/- 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/award dated 20.07.2019 is further enhanced by
[2025:RJ-JD:878] (3 of 3) [CMA-3430/2019]
Rs.4,25,000/- 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.
6. The appeal is disposed of with the above observations.
7. Pending applications, if any, stand disposed of.
8. Let the record be sent back to the learned Tribunal forthwith.
(REKHA BORANA),J
202-AbhishekK/-
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