Rajasthan High Court - Jodhpur
Rekha Devi vs Balveer Prashad (2025:Rj-Jd:2862) on 16 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:2862]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1435/2020
1. Rekha Devi W/o Late Ramesh Kumarji, Aged About 31
Years, B/c Meghwal, R/o Paladi M. Tehsil Shivganj, District
Sirohi.
2. Vidhya Kumari D/o Late Ramesh Kumarji, Aged About 5
Years, Minor Through Natural Mother Rekha Devi, Who Is
Also Appellant No. 1, Rekha Devi W/o Late Ramesh
Kumarji, Aged About 31 Years, B/c Meghwal, R/o Paladi
M. Tehsil Shivganj, District Sirohi.
3. Krishnapal @ Kishan Pal S/o Late Ramesh Kumarji, Aged
About 7 Years, Minor Through Natural Mother Rekha Devi,
Who Is Also Appellant No. 1, Rekha Devi W/o Late
Ramesh Kumarji, Aged About 31 Years, B/c Meghwal, R/o
Paladi M. Tehsil Shivganj, District Sirohi.
4. Nikita Kumari @ Niku D/o Late Ramehs Kumarji, Aged
About 9 Years, Minor Through Natural Mother Rekha Devi,
Who Is Also Appellant No. 1, Rekha Devi W/o Late
Ramesh Kumarji, Aged About 31 Years, B/c Meghwal, R/o
Paladi M. Tehsil Shivganj, District Sirohi.
5. Deepika Kumari D/o Late Ramesh Kumarji, Aged About
11 Years, Minor Through Natural Mother Rekha Devi, Who
Is Also Appellant No. 1, Rekha Devi W/o Late Ramesh
Kumarji, Aged About 31 Years, B/c Meghwal, R/o Paladi
M. Tehsil Shivganj, District Sirohi.
6. Teeja Devi W/o Late Jaisaramji, Aged About 67 Years, B/c
Meghwal, R/o Paladi M. Tehsil Shivganj, District Sirohi.
7. Rahul Kumar S/o Late Ramesh Kumarji, Aged About 8
Months, Appellant No. 7 Is Minor Through His Natural
Mother, Who Is Also Appellant Number No. 1 Rekha Devi,
W/o Late Ramesh Kumarji, Aged About 31 Years, B/c
Meghwal, R/o Paladi M. Tehsil Shivganj, District Sirohi.
----Appellants
Versus
1. Balveer Prashad S/o Shivnarayanji, Aged About 44 Years,
B/c Brahmin (Ojha), R/o Jiri, Police Station Pohari, District
Shivpuri (Madhya Pradesh) (Driver Of The Vehicle No. Mp-
33-G-1131)
2. Suresh Chandra S/o Ghasilal Ji Ojha, R/o Muddhiyaar,
(Downloaded on 16/01/2025 at 09:45:37 PM)
[2025:RJ-JD:2862] (2 of 3) [CMA-1435/2020]
Police Station Shahabad, District Bara (Rajasthan)
(Presently Owner Of The Vehicle No. Mp-33-G-1131)
3. Om Prakash S/o Prashadilal Ji Ojha, Aged About 52 Years,
R/o Pariicha Aahir, Police Station Pohari, District Shivpuri
(Madhya Pradesh) (Registered Owner Of The Vehicle No.
Mp-33-G-1131)
4. The New India Assurance Company Limited, Through
Divisional Officer, The New India Assurance Company Ltd.
Gole Building , Palace Road, Sirohi (Raj.) (Insurer Of The
Vehicle No. Mp-33-G-1131)
----Respondents
For Appellant(s) : Mr. Ravi Panwar
For Respondent(s) : Mr. Jagdish Chandra Vyas
HON'BLE MS. JUSTICE REKHA BORANA
Order
16/01/2025
1. A joint submission has been made by learned counsel for the
claimants and the Insurance Company that a compromise has
been entered into between the parties in the spirit of Lok Adalat.
2. Ms. Chaitali Vaid 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
awarded vide judgment/award dated 18.02.2020 passed by
learned Motor Accident Claims Tribunal, Sirohi (Raj.) in MAC Case
No.10/2018 (CIS No.10/2018) whereby the claim of the appellants
seeking compensation against the respondents was allowed
holding defendant No.4-Insurance Company also jointly and
severally liable to pay compensation of Rs.16,13,500/- with
interest @8% per annum.
[2025:RJ-JD:2862] (3 of 3) [CMA-1435/2020]
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 spirit of Lok Adalat, the
compensation amount as awarded by the impugned
judgment/award dated 18.02.2020 is further enhanced by
Rs.6,00,000/- 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 claimants-appellants No.1 & 6 and through FDRs to
claimants-appellants No.2 to 5 & 7.
6. The appeal is disposed of with the above observations.
7. Pending applications, if any, stand disposed of.
(REKHA BORANA),J
356-KashishS/-
Powered by TCPDF (www.tcpdf.org)
