Citation : 2025 Latest Caselaw 9517 Raj
Judgement Date : 27 March, 2025
[2025:RJ-JD:16069]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 274/2023
Sanjeev Agrawal S/o Shri Om Prakash Agarwal, Aged About 46
Years, Resident Of Anandeshwar Mandir Road, Aburoad, Distt.
Sirohi.
----Appellant
Versus
1. Mustak Khan S/o Shri Hakeem Khan, Resident Of Village
Barmaan, Tehsil Reoder, District Sirohi. (Raj.) (Driver)
2. Keeka Ram S/o Shri Amara Ram Ji, Resident Of Village
Joulpur, Tehsil Reoder, District Sirohi. (Raj.) (Owner)
3. Shreeram General Insurance Company Limited, E-10,
Epip Riico Industrial Area, Seetapura, Jaipur. (Raj.)
----Respondents
For Appellant(s) : Mr. Jay Prakash
For Respondent(s) : Mr. Vishal Singhal
HON'BLE MS. JUSTICE REKHA BORANA
Order
27/03/2025
1. A joint submission has been made by learned counsel 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. 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
appellant seeking enhancement of the compensation amount as
awarded vide judgment/award dated 06.09.2022 passed by
learned Motor Accident Claims Tribunal No.2, Aaburoad in MAC
Case No.242/2018 (47/2017) (CIS No.47/2017) whereby the
[2025:RJ-JD:16069] (2 of 2) [CMA-274/2023]
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.1,66,570/- with interest @6% per annum.
4. Learned counsel 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/award dated 06.09.2022 is enhanced by Rs.1,00,000/-
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 two
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.
6. The appeal is disposed of with the above observations.
7. Pending applications, if any, stand disposed of.
(REKHA BORANA),J 228-Devanshi/-
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