Shobha Devi vs Ghamandaram (2025:Rj-Jd:2981)
2025 Latest Caselaw 4715 Raj

Rajasthan High Court - Jodhpur

Shobha Devi vs Ghamandaram (2025:Rj-Jd:2981) on 16 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:2981]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 896/2022

1.       Shobha Devi W/o Shri Mahendra Joshi, Aged About 47
         Years, B/c Joshi, R/o House No. 370, Ligh Kamla Nehru
         Nagar, Jodhpur.
2.       Mahendra Joshi S/o Shri Achalaram, Aged About 49
         Years, B/c Joshi, R/o House No. 370, Ligh Kamla Nehru
         Nagar, Jodhpur.
3.       Ashok S/o Shri Mahendra Joshi, Aged About 26 Years, B/c
         Joshi, R/o House No. 370, Ligh Kamla Nehru Nagar,
         Jodhpur.
4.       Smt. Kanchan W/o Shri Achalaram, Aged About 72 Years,
         B/c Joshi, R/o House No. 370, Ligh Kamla Nehru Nagar,
         Jodhpur.
5.       Achalaram S/o Late Shri Jasaram, Aged About 77 Years,
         B/c Joshi, R/o House No. 370, Ligh Kamla Nehru Nagar,
         Jodhpur.
                                                                      ----Appellants
                                       Versus
1.       Ghamandaram S/o Shri Malaram, B/c Jat, R/o Savlor, Ps
         Chouhtan, Distt. Barmer. (Driver)
2.       Smt. Damayanti W/o Shri Padamsingh, B/c Rajpur, R/o
         Laxminagar, Distt. Barmer. (Owner)
3.       Shriram General Insurance Company Ltd., Divisional
         Office At Sagun Bachhraj Ji Ka Baag, Sardarpura, 9Th
         Road, Distt. Jodhpur (Insurer)
                                                                    ----Respondents

For Appellant(s)             :     Mr. Mudit Vaishnav for
                                   Mr. Rajesh Panwar
For Respondent(s)            :     Mr. Vishal Singhal
                                   Ms. Anamika Baghmar



              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. Learned counsel Mr. Vishal Singhal submits that he has been

authorised by the Insurance Company to enter into the said

[2025:RJ-JD:2981] (2 of 3) [CMA-896/2022]

3. The present civil misc. appeal has been preferred by the

appellants seeking enhancement of the compensation amount as

awarded vide judgment/award dated 14.03.2022 passed by

learned Motor Accident Claims Tribunal, Jodhpur Metropolitan in

MAC Case No.78/2015 (NCV No.3578/2015) 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.9,72,200/-

with interest @ 6% per annum from date of filing of claim petition

till passing of award/judgment on 14.03.2022 and interest @ 9%

per annum from date of award/judgment till actual realization

(excluding interest on amount paid qua 'no fault' liability).

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 14.03.2002 is further enhanced by

Rs.3,25,000/- 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.

[2025:RJ-JD:2981] (3 of 3) [CMA-896/2022]

7. Pending applications, if any, stand disposed of.

8. Record of the learned Tribunal be sent back forthwith.

(REKHA BORANA),J 130-Devanshi/-

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