Kannaram vs Oriental Insurance Company Limited ...
2025 Latest Caselaw 4053 Raj

Rajasthan High Court - Jodhpur

Kannaram vs Oriental Insurance Company Limited ... on 9 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:1361]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 1017/2022

1.       Kannaram S/o Khema, Aged About 49 Years, B/c Dangi,
         R/o Tankda Ghati Ramaj, Tehsil Girva, Distt. Udaipur
         (Raj.)
2.       Smt. Kali W/o Kanaram, Aged About 45 Years, B/c Dangi,
         R/o Tankda Ghati Ramaj, Tehsil Girva, Distt. Udaipur
         (Raj.)
                                                                      ----Appellants
                                       Versus
1.       Oriental Insurance Company Limited, Through Branch
         Manager, Branch Office, Udaipur (Raj.) (Insurer)
2.       Bhanwar Lal S/o Vagata Ram Dangi, R/o Dangikheda,
         Amli, Tehsil Mavli, Distt. Udaipur. (Driver)
3.       Lal Singh S/o Bhairu Singh Chauhan, R/o 27, Patho Ki
         Magri, Subhash Nagar, Distt. Udaipur. (Owner)
                                                                    ----Respondents


For Appellant(s)             :     Mr. Nikhil Ajmera for
                                   Mr. Sandeep Saruparia
For Respondent(s)            :     Mr. Abhishek Singh Rathore



              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. Abhishek Singh Rathore 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:1361] (2 of 2) [CMA-1017/2022]

awarded vide judgment/award dated 07.04.2022 passed by

learned Motor Accident Claims Tribunal, Rajsamand in MAC Case

No.271/2021 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.9,37,200/- 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 07.04.2022 is further enhanced by

Rs.2,80,000/- 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 claimants-appellants.

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 209-Devanshi/-

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