Pratap Ram vs Bharat Kumar (2025:Rj-Jd:1482)
2025 Latest Caselaw 4075 Raj

Rajasthan High Court - Jodhpur

Pratap Ram vs Bharat Kumar (2025:Rj-Jd:1482) on 9 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:1482]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 2473/2018

Pratap Ram S/o Mafaji @ Ukaji, Aged About 33 Years, B/c Koli,
R/o Devka, Police Station - Revdar, District Sirohi
                                                                         ----Appellant
                                       Versus
1.       Bharat Kumar S/o Kesaji, B/c Koli, R/o Saran Ka Kheda,
         Devka, Post - Jeerawal, Police Station - Revdar, District
         Sirohi (Driver)
2.       The    Oriental      Insurance         Company             Limited,   Through
         Divisional Manager, 637/b, Bhansali Tower, Residency
         Road, Jodhpur. (Insurer)
                                                                      ----Respondents


For Appellant(s)             :     Mr. Ravi Panwar
For Respondent(s)            :     Mr. Tirath Raj Singh Sodha



               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. Hafiz Gouran 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 28.05.2018 passed by

learned Motor Accident Claims Tribunal, Sirohi in MAC Case

No.117/2015 (CIS No.118/2015) whereby the claim of the

appellant seeking compensation against the respondents was

partly allowed holding defendant No.2-Insurance Company also

[2025:RJ-JD:1482] (2 of 2) [CMA-2473/2018]

jointly and severally liable to pay compensation of Rs.4,35,800/-

with interest @8% per annum.

4. Learned counsels 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 the spirit of Lok Adalat, the

compensation amount as awarded by the impugned

judgment/award dated 28.05.2018 is further enhanced by

Rs.2,50,000/- 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 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 232-AbhishekK/-

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