Pankhu Devi vs Kheta Ram (2025:Rj-Jd:1068)
2025 Latest Caselaw 3960 Raj

Rajasthan High Court - Jodhpur

Pankhu Devi vs Kheta Ram (2025:Rj-Jd:1068) on 8 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:1068]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 520/2024

1.       Pankhu Devi W/o Dhanaram Ji, Aged About 50 Years, R/o
         Dadarla Tehsil Reodar Dist. Sirohi Rajasthan
2.       Dhanaram S/o Kanaram Ji, Aged About 56 Years, R/o
         Dadarla Tehsil Reodar Dist. Sirohi Rajasthan
                                                                      ----Appellants
                                       Versus
1.       Kheta Ram S/o Bhala Ram Ji, R/o Vadka Tehsil Reodar
         Dist Sirohi (Raj) (Driver)
2.       Nathu Ram @ Natha Ram S/o Ganesh Ram Ji, R/o Lunol
         Tehsil Reodar Dist. Sirohi Rajasthan (Owner)
3.       Tata Aig General Insurance Comp Ltd, Through Its
         Authorized Officer Tata Aig General Insurance Company
         Ltd 2/a 2Nd Floor Turquoise Building Panchwati Cross
         Road Cg Road Ahmadabad 380009 (Insurance Company)
                                                                    ----Respondents


For Appellant(s)             :     Mr. Gaurav Kansara
For Respondent(s)            :     Mr. Vishal Singhal
                                   Ms. Anamika Baghmar



              HON'BLE MS. JUSTICE REKHA BORANA

Order

08/01/2025

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

[2025:RJ-JD:1068] (2 of 2) [CMA-520/2024]

awarded vide judgment/award dated 20.10.2023 passed by

learned Motor Accident Claims Tribunal, Sirohi in MAC Case

No.115/2021 whereby the claim of the appellants seeking

compensation against the respondents was partly allowed holding

defendant No.3-Insurance Company also jointly and severally

liable to pay compensation of Rs.13,56,787/- 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/award dated 20.10.2023 is further enhanced by

Rs.1,50,000/- 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 the saving bank account of the claimants.

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

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

(REKHA BORANA),J 174-T.Singh/-

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