Sumitra vs Bishana Ram (2025:Rj-Jd:1074)
2025 Latest Caselaw 3975 Raj

Rajasthan High Court - Jodhpur

Sumitra vs Bishana Ram (2025:Rj-Jd:1074) on 8 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:1074]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 791/2022

1.       Sumitra Wd/o Late Shri Om Prakash Pareek (Name
         Deleted)
2.       Vikash Pareek S/o Late Shri Om Prakash Pareek,
3.       Kumari Jyoti Pareek D/o Late Shri Om Prakash Pareek,
4.       Kumari Punam Pareek D/o Late Shri Om Prakash Pareek,
5.       Vishal Pareek S/o Late Shri Om Prakash Pareek, Minor,
6.       Narayani Devi Wd/o Late Shri Ram Prasad,
         All by caste Pareek (Barahman), residents of Village
         Uadsar, Tehsil Sardarshahar, Distt. Churu.
                                                                      ----Appellants
                                       Versus
1.       Bishana Ram S/o Shri Khiya Ram, B/c Jat, R/o Village
         Malasar P.S. Jamsar, Distt. Bikaner. (Raj.)
                                   (Driver Tata Safari No. RJ 07 UA 6027)
2.       Sita Ram S/o Shri Khiya Ram, B/c Jat, R/o Village Malasar
         P.S. Jamsar, Distt. Bikaner. (Raj.)
                                   (Owner Tata Safari No. RJ 07 UA 6027)
3.       Shri Ram General Insurance Company Ltd., E-B EP RIICO
         Sitapura, Jaipur 302022 Valid Date 25-03-2018 To 24-03-
         2019 Police No. 10603/31/18/002194.
                (Insurance Company Tata Safari No. Rj 07 Ua 6027)
                                                                    ----Respondents


For Appellant(s)             :     Mr. M.P. Pareek
For Respondent(s)            :     Mr. Vishal Singhal
                                   Ms. Anamika Baghmar



              HON'BLE MS. JUSTICE REKHA BORANA

Order

08/01/2025

1. An application (I.A. No.01/2025) has been preferred on

behalf of the appellants for deletion of name of appellant No.1-

Smt. Sumitra as she has expired on 14.07.2023.

[2025:RJ-JD:1074] (2 of 3) [CMA-791/2022]

2. It has been submitted that the legal representatives of

deceased appellant No.1 are already on record.

3. In view of the submission made in the application, the same

is allowed. Name of appellant No.1-Smt. Sumitra is permitted to

be deleted from the array of the appellants. The amended cause

title as filed, is taken on record.

4. 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.

5. Learned counsel Mr. Vishal Singhal submits that he has been

authorized by the Insurance Company to enter into the said

compromise.

6. The present civil misc. appeal has been preferred by the

appellants seeking enhancement of the compensation amount as

awarded vide judgment/award dated 20.12.2021 passed by

learned Motor Accident Claims Tribunal, Churu in MAC Case

No.143/2018 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.46,61,979/- with interest @6%

per annum.

7. Learned counsel for the parties have placed on record a

memorandum of understanding/compromise entered into between

the parties, which is taken on record.

8. In view of the above and in spirit of Lok Adalat, the

compensation amount as awarded by the impugned

judgment/award dated 20.12.2021 is further enhanced by

Rs.26,00,000/- in favour of the claimants-appellants as a full and

[2025:RJ-JD:1074] (3 of 3) [CMA-791/2022]

final settlement of the case. The amount so agreed shall be

deposited by the Insurance Company with the Tribunal within a

period of three weeks 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.

9. Office is directed to send back the record.

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

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

(REKHA BORANA),J 173-T.Singh/-

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