Bhawna vs Prataparam (2025:Rj-Jd:952)
2025 Latest Caselaw 3879 Raj

Rajasthan High Court - Jodhpur

Bhawna vs Prataparam (2025:Rj-Jd:952) on 7 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:952]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Misc. Appeal No. 1275/2022

1.       Bhawna W/o Goparam, Aged About 21 Years, R/o Juni
         Aati, Tehsil And Distt. Barmer.
2.       Rahul, S/o Goparam Aged 20 Days, Minor Through His
         Natural Guardian Mother Bhawna W/o Goparam, R/o Juni
         Aati, Tehsil And Distt. Barmer.
3.       Mishro Devi W/o Mohanlal, Aged About 52 Years, R/o Juni
         Aati, Tehsil And Distt. Barmer.
4.       Mohanlal S/o Jalalram, Aged About 55 Years, R/o Juni
         Aati, Tehsil And Distt. Barmer.
                                                                     ----Appellants
                                      Versus
1.       Prataparam S/o Ratnaram, R/o Aati, Tehsil And Distt.
         Barmer. (Owner And Driver Of Vehicle Rj-04-Rc 4137)
2.       Regional Manager, Hdfc Irgo General Insurance Oc. Sangi
         Upasani Tower, Subhash Marg, C-Scheme, Jaipur.(Insurer
         Of Vehicle Rj-04-Rc 4137)
                                                                   ----Respondents


For Appellant(s)            :     Mr. R.J. Punia
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

authorized 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/award dated 08.04.2022 passed by

[2025:RJ-JD:952] (2 of 2) [CMA-1275/2022]

learned Motor Accident Claims Tribunal, Barmer in MAC Case

No.105/2021 whereby the claim of the appellants seeking

compensation against the respondents was partly allowed holding

defendant No.2-Insurance Company also jointly and severally

liable to pay compensation of Rs.9,96,400/- with interest @7%

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/award dated 08.04.2022 is further enhanced by

Rs.6,00,000/- 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 No.1, 3 & 4 and through FDR

to the claimant-appellant No.2.

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

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

(REKHA BORANA),J 217-T.Singh/-

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