Disposed

Madaji Rajput @ Madan Singh v. Om Prakash and Ors.

Rajasthan HC18 Dec 2023CMA/468/2018

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of a civil miscellaneous appeal arising from a motor accident claim. Parties entered a compromise before the National Lok Adalat, resulting in an enhancement of compensation by the insurer to fully settle the dispute.

What did the court decide?

Enhancement of compensation award by Rs. 3,75,000/- with interest pending deposit by the insurer; impugned judgment modified accordingly.

Madaji Rajput @ Madan Singh Vs Om Prakash and Ors. — Motor Accident Claims | Rajasthan HC (2023)

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[2023:RJ-JD:44436]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 468/2018

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Madaji Rajput @ Madan Singh S/o Ratanji, Resident Of Sherpura, Tehsil Deesa, District - Banaskantha, At Present Resident Of Gandhinagar, Abu Road, District - Sirohi.

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----Appellant

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Versus

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Om Prakash S/o Badriram, By Caste - Jat, Resident Of Trilokpura Ajeetgarh, District - Sikar, At Present Resident Of P.s. Sirohi. - Driver

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Vastupal Singh Chouhan S/o Nathu Singh, By Caste - Chouhan, Resident Of Nayawas, Sainik Was, Sirohi. Owner

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The Oriental Insurance Company Limited, Through Its Divisional Manager, Chandel Building, Mandia Road, Pali Raj. Insurance Company

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----Respondents

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For Appellant(s) : Mr. Ravi Panwar. For Respondent(s) : Mr. Aditya Singhi.

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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 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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Learned counsel Mr. Aditya Singhi puts in appearance for respondent no. 3- Insurance Company.

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Service of respondent Nos. 1 and 2 is dispensed with at the risk of appellant.

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The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as

[2023:RJ-JD:44436]

[CMA-468/2018]

(2 of 2)

awarded by judgment dated 17.11.2017 passed in MAC Case No.60/2016 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 compensation of Rs.8,56,523/with interest @6% per annum.

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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 17.11.2017 is further enhanced by Rs.3,75,000/- 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 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 claimantappellant. The impugned judgment/award dated 17.11.2017 passed by MACT, Abu Road, District Sirohi in MAC Case No.60/2016 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, if any, forthwith.

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(REKHA BORANA),J

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492-sumer/-

Madaji Rajput @ Madan Singh v. Om Prakash and Ors.

Case brief

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Madaji Rajput @ Madan Singh v. Om Prakash and Ors.

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