Disposed

Virma Ram v. Ajma Ram

Rajasthan HC15 Dec 2023CMA/990/2023

Case brief

AI extract

What is this about?

The Court disposed of civil miscellaneous appeals seeking enhancement of compensation awards. Relying on a compromise entered in the spirit of Lok Adalat, the Court enhanced the awards, directed the insurance company to pay the enhanced amounts without the 'Pay and Recover' clause, and modified the impugned orders by the Motor Accident Claims Tribunal.

What did the court decide?

Compensation enhanced by Rs.2,00,000/- and Rs.2,60,000/-; Insurance company directed to pay enhanced amounts within two months with 7.5% p.a. interest; 'Pay and Recover' clause removed for enhanced am

Virma Ram Vs Ajma Ram — Contract and Commercial Disputes | Rajasthan HC (2023)

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[2023:RJ-JD:44056]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 990/2023

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Virma Ram S/o Shri Bhera Ji, Aged About 48 Years, B/c Grasiya R/o Nichlibor, Nichalgarh Tehsil Abu Road District Sirohi

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----Appellant

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Versus

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Ajma Ram S/o Shri Nawa Ram, B/c Grasiya R/o Nichlibor, Nichalgarh Tehsil Abu Road District Sirohi (Owner)

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Kana Ram S/o Ranchoddram Ji, B/c Rebari R/o Marol Tehsil Reodar District Sirohi(Raj) Insurance Holder

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The Icici Lombard General Insurance C0Mpany Ltd, Through Manager 48 Panchwati Second Floor Hero Honda Building Udaipur (Raj) (Insurer)

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----Respondents

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Connected With

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S.B. Civil Misc. Appeal No. 928/2023

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Babu Ram S/o Shri Bhoma Ji, Aged About 42 Years, By Caste Grasiya, Resident Of Uplagarh, Tehsil Aburoad, District Sirohi (Raj.)

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Padma Ram S/o Babu Ram Ji, Aged About 17 Years, Minor Through Their Natural Guardian Father Appellant No. 1 Babu Ram S/o Shir Bhoma Ji, By Caste Grasiya, Resident Of Uplagarh, Tehsil Aburoad, District Sirohi (Raj.)

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Pankhu Kumari D/o Shri Babu Ram Ji, Aged About 14 Years, Minor Through Their Natural Guardian Father Appellant No. 1 Babu Ram S/o Shir Bhoma Ji, By Caste Grasiya, Resident Of Uplagarh, Tehsil Aburoad, District Sirohi (Raj.)

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Sardar Ram S/o Shri Babu Ram Ji, Aged About 12 Years, Minor Through Their Natural Guardian Father Appellant No. 1 Babu Ram S/o Shir Bhoma Ji, By Caste Grasiya, Resident Of Uplagarh, Tehsil Aburoad, District Sirohi (Raj.)

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----Appellants

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Versus

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Ajma Ram S/o Shri Nawa Ram Ji, By Caste Grasiya, Resident Of Nichlibor, Nichlagarh, Tehsil Aburoad, District Sirohi. (Raj.) (Owner)

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(2 of 5) [CMA-990/2023]

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[2023:RJ-JD:44056]

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Kana Ram S/o Shri Ranchhodram Ji, By Caste Rebari, Resident Of Marol, Tehsil Reodar, District Sirohi (Raj.) (Insurance Holder)

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The Icici Lombard General Insurance Company Limited, Through Managaer, 48 Panchwati, Second Floor, Hero Honda Building, udaipur. (Insurer)

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----Respondents

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For Appellant(s)	: Ms. Neelam Bhardwaj for
	Mr. J.P. Bhardwaj
For Respondent(s)	: Mr. Vishal Singhal Mr. B.S. Deora

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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15/12/2023

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In S.B. Civil Misc. Appeal No. 990/2023

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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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The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded by judgment dated 17.02.2023 passed in MAC Case No.71/2018 by learned Motor Accident Claims Tribunal No.2, Abu Road, Sirohi whereby the claimant has been held entitled to a compensation of Rs.8,67,200/- with interest @6% per annum. Vide the said award, the insurance company has been exonerated but has been directed to “Pay and Recover”.

[2023:RJ-JD:44056]

[CMA-990/2023]

(3 of 5)

Learned counsel for the claimant and insurance company, in the spirit of lok adalat, have placed on record a memorandum of understanding/compromise entered into between them which is taken on record.

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Learned counsel appearing for the insurance company, on instructions, submits that although the insurance company has been exonerated from the liability and has been granted liberty to pay and recover, the insurance company is ready to pay the enhanced amount of the award to the claimant without any direction/liberty to pay and recover.

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In view of the submission made and in the spirit of lok adalat, the compensation amount as awarded by the impugned award dated 17.02.2023 is further enhanced by Rs.2,00,000/- in favour of the cliamant-appellant as 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 claimant-appellant. The impugned judgment/award dated 17.02.2023 passed by MACT No.2, Abu Road, Sirohi in MAC Case No.71/2018 is modified accordingly.

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However, it is made clear that as the compromise has been entered into between the claimant and the insurance company only and the driver and owner of the vehicle are not a party to the said compromise, the insurance company would only be liable to pay the enhanced amount to the claimant as directed above. The

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(4 of 5) [CMA-990/2023]

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[2023:RJ-JD:44056]

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direction to “Pay and Recover” shall not apply to this enhanced amount.

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The appeal is disposed of with the above observations.

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Office is directed to send back the record forthwith.

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In S.B. Civil Misc. Appeal No.928/2023

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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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The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded by judgment dated 17.02.2023 passed in MAC Case No.73/2018 by learned Motor Accident Claims Tribunal No.2, Abu Road, Sirohi whereby the claimant has been held entitled to a compensation of Rs.12,62,600/- with interest @6% per annum. Vide the said award, the insurance company has been exonerated but has been directed to “Pay and Recover”.

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Learned counsel for the claimant and insurance company, in the spirit of lok adalat, have placed on record a memorandum of understanding/compromise entered into between them which is taken on record.

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Learned counsel appearing for the insurance company, on instructions, submits that although the insurance company has been exonerated from the liability and has been granted liberty to

[2023:RJ-JD:44056]

[CMA-990/2023]

(5 of 5)

pay and recover, the insurance company is ready to pay the enhanced amount of the award to the claimant without any direction/liberty to pay and recover.

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In view of the submission made and in the spirit of lok adalat, the compensation amount as awarded by the impugned award dated 17.02.2023 is further enhanced by Rs.2,60,000/- in favour of the cliamant-appellant as 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 claimant-appellant. The impugned judgment/award dated 17.02.2023 passed by MACT No.2, Abu Road, Sirohi in MAC Case No.73/2018 is modified accordingly.

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However, it is made clear that as the compromise has been entered into between the claimant and the insurance company only and the driver and owner of the vehicle are not a party to the said compromise, the insurance company would only be liable to pay the enhanced amount to the claimant as directed above. The direction to “Pay and Recover” shall not apply to this enhanced amount.

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The appeal is disposed of with the above observations.

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Office is directed to send back the record forthwith.

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(REKHA BORANA),J

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84-85-T.Singh/-

Virma Ram v. Ajma Ram

Case brief

What is this about?

What did the court decide?

Virma Ram v. Ajma Ram

Case brief

What is this about?

What did the court decide?

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