Rajasthan High Court - Jodhpur
Smt.Samita And Ors vs Man Singh And Anr. (2025:Rj-Jd:13584) on 11 March, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:13584]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2843/2011
1. Smt. Samita W/o late Shri Rajendra Singh, aged 32 years,
resident of T-11-D, Railway Colony, City Railway Station, Tehsil
Girwa, District Udaipur.
2. Devi Singh S/o Shri Panna Singh Chauhan, aged 61 years,
resident of T-11-D, Railway Colony, City Railway Station, Tehsil
Girwa, district Udaipur.
3. Dhanlaxmi W/o Shri Devi Singh, aged 56 years, resident of T-
11-D, Railway Colony, City Railway Station, Tehsil Girwa, district
Udaipur.
4. Jaivardhan S/o Late Shri Rajendra Singh, aged 2 years 6
months, being minor through his natural guardian mother Smt.
Samita W/o late Shri Rajendra Singh, resident of T-11-D,
Railway Colony, City Railway Station, Tehsil Girwa, district
Udaipur.
----Appellant
Versus
1. Man Singh s/o Shri Hari Singh Chauhan, resident of S-1/161,
Housing Board Colony, Goverdhan Vilas, Tehsil Girwa, District
Udaipur. (Driver of Car No.RJ-27/CA-9307)
2. ICICI Lombard General Insurance Co. Ltd. Through Branch
Manager, Near Royal Motors, Panchvati Sukhadia Circle Road,
Udaipur. (Insurance Company of Car No.RJ-27/CA-9307)
----Respondent
For Appellant(s) : Mr. Brijesh Pareek
For Respondent(s) : Mr. Ayush Goyal for
Mr. Vinay Kothari
HON'BLE DR. JUSTICE NUPUR BHATI
Order
11/03/2025
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. Ayush Goyal appears on behalf of learned counsel Mr.
Vinay Kothari submits that he has been authorised by the
Insurance Company to enter into the said compromise.
[2025:RJ-JD:13584] (2 of 2) [CMA-2843/2011]
3. The present civil misc. appeal has been preferred by the
appellants seeking enhancement of the compensation amount as
awarded vide judgment/award dated 19.05.2011 in MAC Case
No.249/2009 whereby the claim petition of the appellants seeking
compensation was partly allowed while holding respondent No.1-
Man Singh (Driver) liable to pay compensation of Rs.4,50,000/-
along with interest @ 8% per annum.
4. Learned counsels for the parties have placed on record a
memorandum of understanding/compromise dated 19.12.2024
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 19.05.2011 is further enhanced by Rs.9,90,000/- 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 claimants/deceased
No.1, 2 and 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.
(DR. NUPUR BHATI),J
Cuppl.-amit/-
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