Smt. Bhawari Bai And Ors vs Suresh And Anr. (2025:Rj-Jd:2072)
2025 Latest Caselaw 4436 Raj

Rajasthan High Court - Jodhpur

Smt. Bhawari Bai And Ors vs Suresh And Anr. (2025:Rj-Jd:2072) on 13 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:2072]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 1137/2017

1.       Smt. Bhawari Bari W/o Sohan Lal Prajapat,
2.       Jagdish S/o Sohan Lal Prajapat,
3.       Rekha D/o Sohan Lal Prajapat, All R/o Rajnagar, Tehsil
         And District Rajsamand.
                                                                      ----Appellants
                                        Versus
1.       Suresh S/o Mangi Lal Prajapat, R/o Kumharo Ki Gali,
         Rajnagar, Tehsil And District Rajsamand. Owner Cum
         Driver
2.       Reliance General Insurance Company Limited, Gauri Kunj,
         Rajnagar Road, Rajsamand Raj.. Insurer
                                                                    ----Respondents


For Appellant(s)              :    Mr. Nikhil Ajmera for
                                   Mr. Sandeep Saruparia
For Respondent(s)             :    Ms. Anamika Baghmar for
                                   Mr. Vishal Singhal



              HON'BLE MS. JUSTICE REKHA BORANA

Order

13/01/2025

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 Ms. Anamika Baghmar on behalf of

Mr. Vishal Singhal submits that Mr. Singhal 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 14.02.2017 passed by

learned Motor Accident Claims Tribunal, Rajsamand in MAC Case

[2025:RJ-JD:2072] (2 of 2) [CMA-1137/2017]

No.193/2016 whereby the claim of the appellant seeking

compensation against the respondents was partly allowed holding

defendant No.2-Insurance Company also jointly and severally

liable to pay compensation of Rs.7,20,048/- 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/award dated 14.02.2017 is further enhanced by

Rs.2,20,000/- 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.

(REKHA BORANA),J 325-Devanshi/-

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