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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Misc. Appeal No. 1319/2020

1.

Sita Ben W/o Late Shri Dhanna Bhai, Aged About 37

Years, B/c Ghatad Bheel (Majirana) R/o Sawaniya, Ameer-

garh , Distt. Banaskantha (Gujrat)

2.

Prakash Bhai S/o Late Shri Dhanna Bhai, Aged About 18

Years, B/c Ghatad Bheel (Majirana) R/o Sawaniya, Ameer-

garh , Distt. Banaskantha (Gujrat)

3.

Dinesh Bhai S/o Late Shri Dhanna Bhai, Aged About 16

Years, Minors, Through Their Natural Guardian Mother No

1 Smt. Sita Ben, B/c Ghatad Bheel (Majirana) R/o

Sawaniya, Ameergarh, Distt. Banaskantha (Gujrat)

4.

Vikram Bhai S/o Late Shri Dhanna Bhai, Aged About 14

Years, Minors, Through Their Natural Guardian Mother No

1 Smt. Sita Ben, B/c Ghatad Bheel (Majirana) R/o

Sawaniya, Ameergarh, Distt. Banaskantha (Gujrat)

5.

Smt. Lakhmi Ben W/o Shri Dharma Bhai, Aged About 62

Years, B/c Ghatad Bheel (Majirana) R/o Sawaniya, Ameer-

garh , Distt. Banaskantha (Gujrat)

6.

Dharma Bhai S/o Shri Harji Bhai, Aged About 77 Years,

B/c Ghatad Bheel (Majirana) R/o Sawaniya, Ameergarh,

Distt. Banaskantha (Gujrat)

----Appellants

Versus

1.

Kishor Singh S/o Shri Jeevraj Singh Rajpurohit, R/o

Araava, Dudawata, P.s. Kalyanpur, Tehsil Pachpadra, Distt.

Barmer (Raj.) (Driver)

2.

Shri Ahmed Khan S/o Shri Ahmed Saeed Pathan, R/o Ei-

dgah Road, Navapura, Tehsil Navapura, Distt. Nandurbar

(Maharashtra) (Owner)

3.

Icici Lombard General Insurance Company Ltd., Through

Its Manager, 48 Panchwati, Second Floor, Hero Honda

Building, Udaipur (Raj.) (Insurer)

----Respondents

For Appellant(s)

:

Ms. Neelam Bhardwaj for

Mr. J.P. Bhardwaj

For Respondent(s)

:

Mr. Devendra Singh Chouhan

Mr. Neeraj Bajaj, Legal Manager,

ICICI Lombard GIC Ltd. (present in

person)

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[CMA-1319/2020]

HON'BLE MS. JUSTICE REKHA BORANA

Order

18/12/2023

1.

A submission has been made by the learned counsel for the

parties that a compromise has been entered into between the par-

ties in the spirit of lok adalat and as the National Lok Adalat

scheduled to be held on 09.12.2023 has not been held, a permis-

sion for listing the case has been made.

In view of the above request, the appeal has been permitted

to be listed today.

2.

The present civil misc. appeal has been preferred by the ap-

pellants seeking enhancement of the compensation amount as

awarded by judgment dated 18.12.2019 passed in MAC Case

No.25/2018 (218/17) CIS No.218/17 by learned Motor Accident

Claims Tribunal, Abu Road, district Sirohi, whereby the claim of

the appellant seeking compensation against the respondents was

partly allowed holding defendant No.3 also liable to pay compen-

sation of Rs.9,78,200/- with interest @6% per annum.

3.

Learned counsel for the parties, in the spirit of Lok Adalat,

have placed on record a memorandum of understanding/ compro-

mise entered into between the parties, which is taken on record.

4.

In view of the above and in spirit of lok adalat, the compen-

sation amount as awarded by the impugned judgment dated

18.12.2019 is further enhanced by Rs.5,00,000/- in favour of the

claimant-appellant as a full and final settlement of the case. The

amount so agreed shall be deposited by respondent No.3-Insur-

ance Company with the Tribunal within a period of two months

from today failing which, the same shall carry interest @7.5% per

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[CMA-1319/2020]

annum from the date of this order till actual realization. The en-

hanced amount of compensation be disbursed/deposited in terms

of the award in the saving bank account of the claimant-appellant.

The impugned judgment/award dated 18.12.2019 passed by

MACT, Abu Road, District Sirohi in MAC Case No.25/2018 (218/17)

CIS No.218/17 is modified accordingly.

5.

In view of the above, the appeal is disposed of.

6.

Office is directed to send back the record forthwith.

(REKHA BORANA),J

485-TSingh/-