Romi Suresh And Anr vs Mahesh Upendra And Anr ...
2025 Latest Caselaw 4716 Raj

Rajasthan High Court - Jodhpur

Romi Suresh And Anr vs Mahesh Upendra And Anr ... on 16 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:2860]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 43/2004

Romi Suresh And Anr
                                                                     ----Appellants
                                      Versus
Mahesh Upendra And Anr
                                                                   ----Respondents


For Appellant(s)            :     Mr. Mudit Vaishnav for
                                  Mr. Rajesh 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 13.12.2002 passed by

learned Motor Accident Claims Tribunal, Barmer (Raj.) in Civil

Misc. Case No.47/2001 whereby the claim of the appellants

seeking compensation against the respondents was partly allowed

holding defendant No.2-Insurance Company also jointly and

severally liable to pay compensation of Rs.7,70,000/- with interest

@9% per annum.

[2025:RJ-JD:2860] (2 of 2) [CMA-43/2004]

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 13.12.2002 is further enhanced by

Rs.14,00,000/- 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 the claimants-appellants.

6. The appeal is disposed of with the above observations.

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

(REKHA BORANA),J 355-KashishS/-

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