Citation : 2025 Latest Caselaw 4016 Raj
Judgement Date : 9 January, 2025
[2025:RJ-JD:1360]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 596/2023
Deepa Ram S/o Chuna Ram, Aged About 51 Years, Resident Of
Kinjari, Tehsil Osiyan, District Jodhpur.
----Appellant
Versus
1. Jagdish Ram S/o Heera Ram, R/o Bhinyasar, Police
Station Falodi, District Jodhpur. (Driver)
2. Kesha Ram S/o Moti Ram, Resident Of Ward No. 01, Vastu
Niketan Colony, Nokha, Tehsil Nokha, District Bikaner.
(Owner)
3. Bajaj Alianz General Insurance Company Limited,
Through Divisional Manager, Divisional Office-E-123,
Shastri Nagar, Jodhpur. (Insurer)
----Respondents
For Appellant(s) : Mr. Gaju Singh
For Respondent(s) : Mr. Vishal Singhal with
Ms. Anamika Baghmar
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. Mr. Prashant Gaur, the Legal Manager of respondent-
Insurance Company has been authorised 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 12.01.2023 passed by
learned Motor Accident Claims Tribunal First, Jodhpur in MAC Case
[2025:RJ-JD:1360] (2 of 2) [CMA-596/2023]
No.388/2018 (NCV No.388/2018) 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.4,68,280/-
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 12.01.2023 is further enhanced by
Rs.1,30,000/- 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 terms of the award 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.
(REKHA BORANA),J 204-devanshi/-
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