Disposed

Haviya Devi v. Kuparam

Rajasthan HC18 Dec 2023CMA/102/2019

Case brief

AI extract

What is this about?

The High Court condoned a 11-day delay in filing a civil miscellaneous appeal against a motor accident claims award. In the spirit of Lok Adalat, the Court directed an enhancement of compensation by Rs. 3,08,000/- as a full and final settlement, depositing the sum with the Tribunal via the insurance company.

What did the court decide?

Application under Section 5 of the Limitation Act allowed; Appeal disposed of with enhancement of compensation by Rs. 3,08,000/- as full and final settlement.

Haviya Devi Vs Kuparam — Insurance | Rajasthan HC (2023)

¶1

[2023:RJ-JD:44233]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 102/2019

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Haviya Devi W/o Late Sh. Mohan Lal, Aged About 43 Years, B/c Meghwal, R/o Badgaon, Tehsil Shivganj, District Sirohi.

¶5

Madaram S/o Late Sh. Mohan Lal, Aged About 22 Years, B/c Meghwal, R/o Badgaon, Tehsil Shivganj, District Sirohi.

¶6

Ganga Kumari D/o Late Sh. Mohan Lal, Aged About 19 Years, B/c Meghwal, R/o Badgaon, Tehsil Shivganj, District Sirohi.

¶7

Prakash S/o Late Sh. Mohan Lal, Aged About 16 Years, Minor Through His Natural Mother Appellant No. 1 Smt. Haviya Devi. B/c Meghwal, R/o Badgaon, Tehsil Shivganj, District Sirohi.

¶8

Kailash S/o Late Sh. Mohan Lal, Aged About 14 Years, Minor Through His Natural Mother Appellant No. 1 Smt. Haviya Devi. B/c Meghwal, R/o Badgaon, Tehsil Shivganj, District Sirohi.

¶9

Dallu Bai W/o Choparam, Aged About 63 Years, B/c Meghwal, R/o Badgaon, Tehsil Shivganj, District Sirohi.

¶10

Gudiya Devi W/o Soda Ram, Aged About 23 Years, D/o Late Sh. Mohan Lal, B/c Meghwal, R/o Pacholiya, Tehsil Shivganj, District Sirohi, Rajasthan ----Appellants

¶11

Versus

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Kuparam S/o Sh. Ratta Ram, B/c Sargara, R/o Rukhada, Tehsil Shivganj, District Sirohi. (Driver And Owner Of Registered Pick Up No. Rj 16 Ga 1271)

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Bajaj Allianz General Insurance Co. Ltd., Servicing Office O-12-A, Moondhra Tower, Iind Floor, Ashok Marg, C Scheme, Jaipur Rajasthan - 302001 (Insurance Company Of Pick Up No. Rj 16 Ga 1271) (Insurance Dated 24-112015 To 23-11-2016 Policy No. Og-16-1401-180300000566)

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----Respondents

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For Appellant(s)	: Mr.	Ravi Panwar
For Respondent(s)	: Mr.	Vishal Singhal

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HON'BLE MS. JUSTICE REKHA BORANA Order

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18/12/2023

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A submission has been made by the learned counsel for the parties that a compromise has been entered into between the parties in the spirit of lok adalat and as the National Lok Adalat

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(2 of 3) [CMA-102/2019]

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[2023:RJ-JD:44233]

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scheduled to be held on 09.12.2023 has not been held, a permission for listing the case has been made.

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In view of the above request, the appeal has been permitted to be listed today.

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An application under Section 5 of the Limitation Act has been preferred for condonation of delay of 11 days caused in filing the present appeal.

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Learned counsel Mr. Vishal Singhal accepts notices of the application under Section 5 of the Limitation Act as well as appeal on behalf of respondent No.2 Insurance Company. The service on respondent No.1 being the driver and the registered owner is dispensed with at the risk of the appellants. The counsel appearing for respondent No.2 does not object to the condonation of the delay and hence, the application under Section 5 of the Limitation Act is allowed . The delay caused in filing the present appeal is condoned.

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Learned counsel Mr. Vishal Singhal submits that he has been authorised by the Company to enter into the said compromise in the spirit of Lok Adalat. 4. The present civil misc. appeal has been preferred by the appellants seeking enhancement of the compensation amount as awarded by judgment dated 17.09.2018 passed in MAC Case No.121/2016 by learned Motor Accident Claims Tribunal, Pali whereby the claim of the appellants seeking compensation against the respondents was partly allowed holding defendant No.2 also liable to pay compensation of Rs.10,15,000/- with interest @9% per annum.

[2023:RJ-JD:44233]

[CMA-102/2019]

(3 of 3)

Learned counsel for the parties, in the spirit of Lok Adalat, have placed on record a memorandum of understanding/ compromise entered into between the parties, which is taken on record.

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In view of the above and in spirit of lok adalat, the compensation amount as awarded by the impugned judgment dated 17.09.2018 is further enhanced by Rs.3,08,000/- in favour of the claimants-appellants as a full and final settlement of the case. The amount so agreed shall be deposited by respondent No.2-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 in the saving bank account of the claimants-appellants. The impugned judgment/award dated 17.09.2018 passed by MACT, Pali in MAC Case No. 121/2016 is modified accordingly.

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

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Office is directed to send back the record forthwith.

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(REKHA BORANA),J

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457-KashishS/-

Haviya Devi v. Kuparam

Case brief

What is this about?

What did the court decide?

Haviya Devi v. Kuparam

Case brief

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What did the court decide?

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