Citation : 2025 Latest Caselaw 4005 Raj
Judgement Date : 9 January, 2025
[2025:RJ-JD:1531]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1568/2022
Veero Devi W/o Uda Ram, Aged About 59 Years, R/o Rawatsar,
Tehsil And Distt. Barmer.
----Appellant
Versus
1. Om Prakash S/o Surtaram, R/o Goverdhanpura, Marudi,
Tehsil And Distt. Barmer.
(Driver Of The Offending Vehicle)
2. Ummaida Ram S/o Deepa Ram, R/o Taratara Math, Tehsil
Chautan, Distt. Barmer.
(Owner Of The Offending Vehicle)
3. Branch Manager, Hdfc Agro General Insurance Company
Ltd., First Floor, Nk Tower, Plot No. 49, Chopasani Road,
Jodhpur 342006.
(Insurer Of The Offending Vehicle)
----Respondents
For Appellant(s) : Mr. Surendra Baghmalani
For Respondent(s) : Mr. Santosh Choudhary
HON'BLE MS. JUSTICE REKHA BORANA
Order
09/01/2025
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. Santosh Choudhary 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
appellant seeking enhancement of the compensation amount as
awarded vide judgment/award dated 10.05.2022 passed by
[2025:RJ-JD:1531] (2 of 2) [CMA-1568/2022]
learned Motor Accident Claims Tribunal, Barmer in MAC Case
No.75/2021 whereby the claim of the appellant seeking
compensation against the respondents was partly allowed holding
defendant No.3-Insurance Company also jointly and severally
liable to pay compensation of Rs.3,55,600/- 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 10.05.2022 is further enhanced by
Rs.5,50,000/- 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 the saving bank account of the claimant-appellant.
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 210-T.Singh/-
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