Pawan Salvi vs Kishanlal (2025:Rj-Jd:830)
2025 Latest Caselaw 3878 Raj

Rajasthan High Court - Jodhpur

Pawan Salvi vs Kishanlal (2025:Rj-Jd:830) on 7 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:830]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Misc. Appeal No. 955/2022

Pawan Salvi S/o Shri Parasram Salvi, Aged About 18 Years, R/o
Bhagvanda Kala, Tehsil And Distt. Rajsamand.
                                                                      ----Appellant
                                      Versus
1.       Kishanlal S/o Shri Mangilal Gameti, Aged About 30 Years,
         R/o Boraj Ka Kheda, Tehsil And Distt. Rajsamand. (Rj 34
         G 0895 Driver Of Vehicle)
2.       Shri Shankar Lal S/o Shri Devilal, Aged About 29 Years,
         R/o Devri Khera, P.s. Kunwariya, Distt. Rajsamand.
         (Owner Of Vehicle)
3.       Hdfc Ergo General Insurance Company Ltd., Through
         Manager, Second Floor, Center Point, Opposite B.n.
         College, Airport Road Udaipur Raj. (Insurance Company)
                                                                   ----Respondents


For Appellant(s)            :     Mr. Vikram Sharma
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. 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

appellant seeking enhancement of the compensation amount as

awarded vide judgment/award dated 05.03.2022 passed by

learned Motor Accident Claims Tribunal, Rajsamand in MAC Case

[2025:RJ-JD:830] (2 of 2) [CMA-955/2022]

No.240/2020 whereby the claim of the appellant seeking

compensation against the respondents was allowed holding

defendant No.3-Insurance Company also jointly and severally

liable to pay compensation of Rs.2,33,000/- with interest @6%

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 05.03.2022 is further enhanced by Rs.3,25,000/- 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.

8. Record be sent back to the learned Tribunal forthwith.

(REKHA BORANA),J 206-AbhishekK/-

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