Partly allowed

Mohan Lal v. Duja Ram and Ors.

Rajasthan HC8 Jan 2021CMA/191/2012

Case brief

AI extract

What is this about?

The High Court partly allowed the appeal, accepting a Memorandum of Understanding for an enhanced compensation of Rs. 25,000. The White County Civil Court award was modified to include this amount with a deadline for deposit and interest implications for default.

What did the court decide?

Enhancement of compensation by Rs.25,000 to be deposited by the respondent within two months, failing which interest at 7.5% per annum shall apply.

Mohan Lal Vs Duja Ram and Ors. — Specific Performance | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 191/2012

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Mohan Lal S/o Shri Bhana Ram, aged 39 years by caste Khatik, R/o Hamirpur, Tehsil & District Barmer

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----Appellant claimant

¶5

Versus

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Duja Ram S/o Shri Roopa Ram, By Caste Meghwal, R/o Village Mithadau, Tehsil Chohtan, District Barmer (Driver) 2. Govind Singh S/o Choog Singh, By Caste Rajput (Mahecha), R/o Village Bhanwarlal, Tehsil Ramsar, District Barmer (Owner) 3. ICICI Lombard General Insurance Company Ltd. Nehru Nagar, Barmer.

¶7

----Respondent

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For Appellant(s) : Mr. Anil Bhandari, through Audio Call For Respondent(s) : Mr. Vinay Kothari, through VC

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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08/01/2021

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Learned counsel representing the parties have submitted a Memorandum of Understanding as per which, the matter between the parties has been mutually compromised in the spsirit of Lok Adalat and in addition to the amount of compensation already awarded by the learned Tribunal to the claimant, a sum of Rs.25,000/- is agreed to be paid by the respondent Insurance Company to the claimant as enhanced compensation by way of a full and final settlement of the case. As per the memo of understanding, the enhanced amount of compensation shall be deposited by the respondent No.3 Insurance Company with the Tribunal within two months from today.

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(2 of 2)

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[CMA-191/2012]

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The memo of understanding shall constitute a part of the award.

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Accordingly, the appeal is partly allowed in terms of the undertaking furnished by the parties. The compensation awarded by the learned MACT, Barmer in Claim Case No.68/2010 is further enhanced by Rs.25,000/- in favour of the claimant/appellant as a full and final settlement of the case. The amount so agreed shall be deposited by the respondent 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.

¶17

The award impugned dated 04.11.2011 passed by learned MACT, Barmer is modified accordingly.

¶18

(SANDEEP MEHTA),J

¶19

85-Mamta/-

Mohan Lal v. Duja Ram and Ors.

Case brief

What is this about?

What did the court decide?

Mohan Lal v. Duja Ram and Ors.

Case brief

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What the court decided

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