Smt. Chuki vs Laxman Singh (2025:Rj-Jd:1344)
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Rajasthan High Court - Jodhpur

Smt. Chuki vs Laxman Singh (2025:Rj-Jd:1344) on 9 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:1344]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 1878/2019

1.       Smt. Chuki W/o Mangi Lal, Aged About 23 Years, R/o
         Janiyon Ki Dhani, Bhiyadiya, Bhikamkor, Tehsil Osiyan,
         District Jodhpur.
2.       Smt. Kesu W/o Teja Ram, Aged About 61 Years, R/o
         Janiyon Ki Dhani, Bhiyadiya, Bhikamkor, Tehsil Osiyan,
         District Jodhpur.
3.       Teja Ram S/o Jodha Ram, Aged About 65 Years, R/o
         Janiyon Ki Dhani, Bhiyadiya, Bhikamkor, Tehsil Osiyan,
         District Jodhpur.
                                                                      ----Appellants
                                       Versus
1.       Laxman Singh S/o Roop Singh, Rajpurohit,                               R/o
         Meghlasiya, Tehsil And District Jodhpur. (Driver)
2.       Hanuman Singh S/o Babu Singh, Rajpurohit,                              R/o
         Meghlasiya, Tehsil And District Jodhpur. (Owner)
3.       Surendra Singh S/o Roop Singh, Rajpurohit,                             R/o
         Meghlasiya, Tehsil And District Jodhpur. (Owner)
4.       Shriram General Insurance Company Limited, Through
         Divisional Manager, Divisional Office, E-8, Epip Riico,
         Sitapur, Jaipur. (Insurer)
                                                                    ----Respondents


For Appellant(s)             :     Mr. Gaju Singh
For Respondent(s)            :     Mr. Jagdish Chandra Vyas


              HON'BLE MS. JUSTICE REKHA BORANA

Order

09/01/2025

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. Jagdish Chandra Vyas submits that he

has been authorised 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:1344] (2 of 2) [CMA-1878/2019]

awarded vide judgment dated 06.03.2019 passed by learned

Motor Accident Claims Tribunal, Jodhpur in MAC Case No.58/2017

(NCV No.58/2017) whereby the claim of the appellants seeking

compensation against the respondents was partly allowed holding

defendant No.4-Insurance Company also jointly and severally

liable to pay compensation of Rs.12,07,456/- with interest @9%

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 06.03.2019 is further enhanced by Rs.3,25,000/- 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 appellants-

claimants.

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

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

(REKHA BORANA),J

225-KashishS/-

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