Rajasthan High Court - Jodhpur
Gayatri vs Raheja Q.B.E. General Insurance Co. ... on 29 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:5706]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 840/2023
1. Gayatri W/o Shri Shambhu Lal Derasri, Aged About 77
Years, Resident Of Kherati Mohalla, Baneda, Tehsil
Baneda, District Bhilwara.
2. Shambhu Lal S/o Shri Rameshwar Lal Derasri, Aged
About 79 Years, Resident Of Kherati Mohalla, Baneda,
Tehsil Baneda, District Bhilwara.
3. Kiran W/o Late Subhash Derasri, Aged About 46 Years,
Resident Of Kherati Mohalla, Baneda, Tehsil Baneda,
District Bhilwara.
4. Vijay S/o Late Subhash Derasri, Aged About 26 Years,
Resident Of Kherati Mohalla, Baneda, Tehsil Baneda,
District Bhilwara.
5. Rahul S/o Late Subhash Derasri, Aged About 24 Years,
Resident Of Kherati Mohalla, Baneda, Tehsil Baneda,
District Bhilwara.
----Appellants
Versus
1. Raheja Q.b.e. General Insurance Co. Ltd., Through Its
Manager, Raheja Q.b.e. Gen. Ins. Company Limited,
Windsor House, 5Th Floor, Cst Road, Kalina, Santacruz
(East) Mumbai 400098. (Insurer)
2. Naresh Singh S/o Shri Hanuman Singh, Resident Of
Chouhano Ki Dhani, Ps Chidawa, District Jhunjhunu (Raj.)
(Driver)
3. Jitendra Singh S/o Shri Rajpal Singh, Resident Of Bamla,
Ps Sadar, Bhiwani (Haryana) (Owner)
----Respondents
For Appellant(s) : Mr. Manish Kumar Pitaliya
For Respondent(s) : Mr. Aditya Singhi
HON'BLE MS. JUSTICE REKHA BORANA
Order
29/01/2025
[2025:RJ-JD:5706] (2 of 3) [CMA-840/2023]
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. Aditya Singhi 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 03.02.2023 passed by
learned Motor Accident Claims Tribunal No.2, Bhilwara in MAC
Case No.54/2019 whereby the claim of the appellants seeking
compensation against the respondents was partly allowed holding
respondent No.1-Insurance Company also jointly and severally
liable to pay compensation of Rs.8,79,939/- with interest @ 6%
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 03.02.2023 is further enhanced by
Rs.3,20,000/- 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
[2025:RJ-JD:5706] (3 of 3) [CMA-840/2023]
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
391-praveen/-
Powered by TCPDF (www.tcpdf.org)
