Badrilal vs Banshilal (2025:Rj-Jd:2358)
2025 Latest Caselaw 4494 Raj

Rajasthan High Court - Jodhpur

Badrilal vs Banshilal (2025:Rj-Jd:2358) on 14 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:2358]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 260/2021

Badrilal S/o Savji Meena, Aged About 42 Years, Bilakh Kikawat,
Tehsil Rishabdev, Dis. Udaipur
                                                                       ----Appellant
                                       Versus
1.       Banshilal S/o Hakra Meena, 257 Gorimba Fala Gadhavat,
         Tehsil Rishabdev, Dis. Udaipur
2.       Divisional Office, Udaipur, Shree Ram General Insurance
         Company Limited, Udaipur
                                                                    ----Respondents


For Appellant(s)             :     Mr. Bharat Shrimali
For Respondent(s)            :     Mr. Vishal Singhal
                                   Ms. Anamika Bhagmar



              HON'BLE MS. JUSTICE REKHA BORANA

Order

14/01/2025

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 Mr. Vishal Singhal 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

appellant seeking enhancement of the compensation amount as

awarded vide judgment/award dated 13.01.2020 passed by

learned Motor Accident Claims Tribunal Kherwara, District-Udaipur

in MAC Case No.109/2016 whereby the claim of the appellant

seeking compensation against the respondents was partly allowed

[2025:RJ-JD:2358] (2 of 2) [CMA-260/2021]

holding defendant No.2-Insurance Company also jointly and

severally liable to pay compensation of Rs.60,000/- with interest

@ 7.5% 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 13.01.2020 is further enhanced by

Rs.1,80,000/- 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 324-praveen/-

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