Citation : 2025 Latest Caselaw 5636 Raj
Judgement Date : 29 January, 2025
[2025:RJ-JD:5705]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1476/2024
Modaram S/o Shri Chhogaram, Aged About 35 Years, R/o
Khokhrana, Tehsil Loonkaransar, District Bikaner.
(Injured/claimant)
----Appellant
Versus
1. Ranjeet Singh S/o Shri Darshan Singh, R/o Nai Dhan
Mandi, Near Gate No. 01, Loonkaransar, District Bikaner.
Second Ward No. 12, Chak 03 Llp 19 Stb P.o. Ramsara
Jakhdan, Tehsil Suratgarh, District Sriganganagar.
(Registered Owner Of Car No. Rj-13-Cc-7575)
2. Kirandeep Singh S/o Shri Darshan Singh, R/o Chak 03 Llp
19 Stb P.o. Ramsara Jakhdan, Tehsil Suratgarh, District
Sriganganagar. (Driver Of Car No. Rj-13-Cc-7575)
3. Sbi General Insurance Co. Ltd., Through Branch Manager
Office - First Floor, Silver Square, Rani Bazar, Shop No.
15, 16, 17, Opposite Income Tax Officer, Bikaner.
(Insurance Company)
----Respondents
For Appellant(s) : Mr. Aman Bishnoi Bola
For Respondent(s) : Mr. Aditya Singhi
HON'BLE MS. JUSTICE REKHA BORANA
Order
29/01/2025
1. A joint submission has been made by learned counsels for
the claimant and the Insurance Company that a compromise has
been entered into between the parties in the spirit of Lok Adalat.
2. Learned counsel Mr. Aditya Singhi submits that he has been
authorised by the Insurance Company to enter into the said
compromise.
[2025:RJ-JD:5705] (2 of 2) [CMA-1476/2024]
3. The present civil misc. appeal has been preferred by the
appellant seeking enhancement of the compensation amount as
awarded vide judgment/award dated 05.02.2024 passed by Motor
Accident Claims Tribunal, Bikaner in MAC Case No.264/2019 (CIS
NO.264/2019) whereby the claim of the appellant seeking
compensation against the respondents was partly allowed holding
defendant No.3-Insurance Company also jointly and severally
liable to pay compensation of Rs.15,80,608/- with interest @ 7%
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/award dated 05.02.2024 is further enhanced by
Rs.2,00,000/- in favour of the claimant-appellant 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
claimant-appellant.
6. The appeal is disposed of with the above observations.
7. Pending applications, if any, stand disposed of.
(REKHA BORANA),J 385-praveen/-
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