Rajasthan High Court - Jodhpur
Kamla Devi vs Ganpat Singh (2025:Rj-Jd:3998) on 22 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:3998]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2318/2022
1. Kamla Devi W/o Late Mohanlal, Aged About 44 Years, B/c
Meghwal R/o Nimbaj, Tehsil Revdar, District Sirohi.
2. Khushboo D/o Late Mohanlal, Aged About 16 Years, B/c
Meghwal R/o Nimbaj, Tehsil Revdar, District Sirohi. Being
Minor Daughter Of The Deceased And Through Natural
Guardian Mother Smt. Kamla Devi.
3. Karan Kumar S/o Late Mohanlal, Aged About 21 Years, B/
c Meghwal R/o Nimbaj, Tehsil Revdar, District Sirohi.
4. Sanjay Kumar S/o Late Mohanlal, Aged About 25 Years,
B/c Meghwal R/o Nimbaj, Tehsil Revdar, District Sirohi.
5. Gopal Ram S/o Late Mohanlal, Aged About 27 Years, B/c
Meghwal R/o Nimbaj, Tehsil Revdar, District Sirohi.
6. Sanaki Bai W/o Late Mohanlal, Aged About 71 Years, B/c
Meghwal R/o Nimbaj, Tehsil Revdar, District Sirohi.
----Appellants
Versus
1. Ganpat Singh S/o Bhom Singh, B/c Rajput, R/o Pechka
Wali Bas, Baghseen, Tehsil Shivganj, District Sirohi
(Rajasthan) (Owner)
2. Kanhaiya Lal S/o Dargaji, B/c Prajapat, R/o B/29
Vrundavan Park Society, B/s Asharam Society,
Thakkarbapa Nagar, Ahmadabad, Gujrat. 382350 (Driver)
3. Hdfc General Insurance Company Limited, Through
Divisional Manager, 2Nd Floor, Centre Point, Opp. B.n.
College, Airport Road, Udaipur 313001. (Insurer)
----Respondents
For Appellant(s) : Mr. Raghuveer Singh Bhati
For Respondent(s) : Mr. Vishal Singhal
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[2025:RJ-JD:3998] (2 of 3) [CMA-2318/2022]
HON'BLE MS. JUSTICE REKHA BORANA
Order
22/01/2025
1. A joint submission has been made by learned counsels 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
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 30.09.2022 passed by
learned Motor Accident Claims Tribunal, Sirohi in MAC Case
No.86/2021 (CIS No.86/2021) 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.13,63,985/- 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
dated 30.09.2022 is further enhanced by Rs.1,50,000/- 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
[2025:RJ-JD:3998] (3 of 3) [CMA-2318/2022]
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
440-AbhishekK/-
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