Smt. Prema @ Premlata And Ors vs Swasthi Nath Singh And Ors. ...
2025 Latest Caselaw 5348 Raj

Rajasthan High Court - Jodhpur

Smt. Prema @ Premlata And Ors vs Swasthi Nath Singh And Ors. ... on 24 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:4823]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 2526/2015

Smt. Prema @ Premlata And Ors.
                                                                      ----Appellants
                                       Versus
Swasthi Nath Singh And Ors.
                                                                    ----Respondents


For Appellant(s)             :     Mr. Bharat Shrimali
For Respondent(s)            :     Mr. Vinay Kothari through VC
                                   Mr. Devendra Singh Chouhan



              HON'BLE MS. JUSTICE REKHA BORANA

Order

24/01/2025

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. Mr. Vinay Kothari 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

appellant seeking enhancement of the compensation amount as

awarded vide judgment/award dated 07.09.2015 in MAC Case

No.1288/2014 whereby the claim of the appellant seeking

compensation against the respondents was allowed holding

defendant No.3-Insurance Company also jointly and severally

liable to pay compensation of Rs.22,93,000/- with interest @8%

per annum.

[2025:RJ-JD:4823] (2 of 2) [CMA-2526/2015]

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

dated 07.09.2015 is further enhanced by Rs.7,50,000/- 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

enhanced amount of compensation be disbursed/deposited in the

saving bank account of the claimants-appellants. As it has been

submitted that before filing of the appeal, the parents of the

deceased i.e. appellant Nos.2 & 3 had expired the award amount

be disbursed to the remaining claimants only.

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

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

(REKHA BORANA),J 494-Devanshi/Minki-

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