Heeralal vs Shankerlal (2025:Rj-Jd:2857)
2025 Latest Caselaw 4764 Raj

Rajasthan High Court - Jodhpur

Heeralal vs Shankerlal (2025:Rj-Jd:2857) on 16 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:2857]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 419/2020

1.       Heeralal S/o Shri Chailaram, Aged About 43 Years, R/o
         B.p.l. Colony, Pali, District Pali (Raj.)
2.       Smt. Neema W/o Shri Heeralal, Aged About 41 Years, R/o
         B.p.l. Colony, Pali, District Pali (Raj.)
3.       Manish S/o Heeralal, Aged About 16 Years, Minor Through
         Natural Father Appellant No. 1 Heeralal S/o Shri
         Chailaram, Age 43 Years, R/o B.p.l. Colony, Pali, District
         Pali (Raj.)
                                                                      ----Appellants
                                       Versus
1.       Shankerlal S/o Shri Babulal, B/c Bishnoi, R/o Gram Bana
         Ka Bas, Cherai, Tehsil Osian, District Jodhpur
         (Driver/owner Of Offending Tractor No. Rj 19 Gc 4667)
2.       The New India Insurance Company Limited, New India
         Insurance Building 87, Mg Road Fort Mumbai 400001,
         Through Regional Office Near Town Hall, Surajpole, Pali,
         District Pali (Raj.) (Insurance Company Of Offending
         Tractor No. Rj 19 Gc 4667)
                                                                    ----Respondents



For Appellant(s)             :     Mr. Manish Rajpurohit
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 15.11.2019 passed by

[2025:RJ-JD:2857] (2 of 2) [CMA-419/2020]

learned Motor Accident Claims Tribunal, Pali (Raj.) in MAC Case

No.194/2017 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.9,37,200/- with interest @9%

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 spirit of Lok Adalat, the

compensation amount as awarded by the impugned

judgment/award dated 15.11.2019 is further enhanced by

Rs.2,50,000/- 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 amount of compensation be

disbursed/deposited in terms of the award in the saving bank

account of claimants-appellants.

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

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

(REKHA BORANA),J 348-KashishS/-

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