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2025 DAILYLAW 36338 (RAJ)

BHAWNA v. PRATAPARAM

CMA/1275/2022 · 2025-01-07

Rekha Borana

body2025

Judgment text

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[2025:RJ-JD:952] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1275/2022 1. Bhawna W/o Goparam, Aged About 21 Years, R/o Juni Aati, Tehsil And Distt. Barmer. 2. Rahul, S/o Goparam Aged 20 Days, Minor Through His Natural Guardian Mother Bhawna W/o Goparam, R/o Juni Aati, Tehsil And Distt. Barmer. 3. Mishro Devi W/o Mohanlal, Aged About 52 Years, R/o Juni Aati, Tehsil And Distt. Barmer. 4. Mohanlal S/o Jalalram, Aged About 55 Years, R/o Juni Aati, Tehsil And Distt. Barmer. ----Appellants Versus 1. Prataparam S/o Ratnaram, R/o Aati, Tehsil And Distt. Barmer. (Owner And Driver Of Vehicle Rj-04-Rc 4137) 2. Regional Manager, Hdfc Irgo General Insurance Oc. Sangi Upasani Tower, Subhash Marg, C-Scheme, Jaipur.(Insurer Of Vehicle Rj-04-Rc 4137) ----Respondents For Appellant(s) : Mr. R.J. Punia For Respondent(s) : Mr. Vishal Singhal Ms. Anamika Baghmar HON'BLE MS. JUSTICE REKHA BORANA Order 07/01/2025 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. Learned counsel Mr. Vishal Singhal submits that he has been authorized 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 08.04.2022 passed by [2025:RJ-JD:952] (2 of 2) [CMA-1275/2022] learned Motor Accident Claims Tribunal, Barmer in MAC Case No.105/2021 whereby the claim of the appellants seeking compensation against the respondents was partly allowed holding defendant No.2-Insurance Company also jointly and severally liable to pay compensation of Rs.9,96,400/- with interest @7% 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 08.04.2022 is further enhanced by Rs.6,00,000/- 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 terms of the award in the saving bank account of the claimants-appellants No.1, 3 & 4 and through FDR to the claimant-appellant No.2. 6. The appeal is disposed of with the above observations. 7. All pending applications, if any, stand disposed of. (REKHA BORANA),J 217-T.Singh/-