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2025 DAILYLAW 36237 (RAJ)

MOHAN LAL v. TEJAS DESAI AND ORS.

CMA/1475/2014 · 2025-01-08

Rekha Borana

body2025

Judgment text

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[2025:RJ-JD:1097] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1475/2014 Mohan Lal ----Appellant Versus Tejas Desai And Ors. ----Respondents For Appellant(s) : Mr. Richin Surana For Respondent(s) : Mr. Santosh Choudhary HON'BLE MS. JUSTICE REKHA BORANA Order 08/01/2025 1. The appeal is reported to be barred by 120 days. 2. An application under Section 5 of the Limitation Act has been filed to condone the delay. 3. For the reasons stated in the application, the same is allowed. The delay caused in filing the present appeal is condoned. 4. Admit. Issue notice. Service on respondent Nos.1 & 2 is dispensed with at the request of learned counsel for the appellant. Power (P/A) has already been filed by learned counsel Mr. Santosh Choudhary on behalf of respondent No.3-Insurance Company. Service is hence, complete. 5. 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. 6. Learned counsel Mr. Santosh Choudhary submits that he has been authorized by the Insurance Company to enter into the said compromise. [2025:RJ-JD:1097] (2 of 2) [CMA-1475/2014] 7. The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount against the order dated 11.02.2014 passed by learned Motor Accident Claims Tribunal, Sirohi in MAC Case No.141/2009 on an application filed under Order 47 Rule 1, CPC whereby the learned Tribunal has modified the award dated 25.09.2012 holding defendant No.3-Insurance Company also jointly and severely liable to pay compensation of Rs.2,29,300/- instead of Rs.2,95,275/- with interest @7% per annum. 8. Learned counsel for the parties have placed on record a memorandum of understanding/compromise entered into between the parties, which is taken on record. 9. In view of the above and in the spirit of Lok Adalat, the compensation amount as awarded by the impugned order dated 11.02.2014 is further enhanced by Rs.90,000/- 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 the saving bank account of the claimant. 10. The appeal is disposed of with the above observations. 11. Pending applications, if any, stand disposed of. (REKHA BORANA),J 171-T.Singh/-