Disposed

Indu Kunwar v. Vithalla @ Vithal

Rajasthan HC11 Jan 2024CMA/104/2021

Case brief

AI extract

What is this about?

Motor accident compensation appeal resolved through a lok adalat compromise. Based on a memorandum of understanding between the parties, the tribunal award of Rs.1,14,663/- was enhanced by Rs.45,000/- as full and final settlement, payable by the insurer within two months failing which interest at 7.5% applies.

What did the court decide?

Compensation enhanced by Rs.45,000/- as full and final settlement per lok adalat compromise; award of 20.03.2020 modified.

Indu Kunwar Vs Vithalla @ Vithal — Motor Accident Claims | Rajasthan HC (2024)

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[2024:RJ-JD:1723]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 104/2021

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Indu Kunwar W/o Surya Singh, Aged About 60 Years, Bahubali Colony, Tehsil And Dis. Banswara

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----Appellant

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Versus

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Vithalla @ Vithal S/o Arjun Bamaniya, Utiyapaan Thikariya, Tehsil And Dis. Banswara

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Pintu Maida S/o Bahaadur Maida, Bheemgarh Chacha Kota, Tehsil And Dis. Banswara

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The New India Assurance, Bapu Bazar, Udaipur

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----Respondents

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For Appellant(s)	: Mr. R.S. Bhati
For Respondent(s)	: Mr. Lalit Parihar for
	Mr. Sanjeev Johri,Sr. Advocate

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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11/01/2024

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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 20.03.2020 passed in MAC Case No.157/2017 (CIS No.157/2017) by learned Motor Accident Claims Tribunal, Banswara (Raj.) whereby the claim of the

[2024:RJ-JD:1723]

[CMA-104/2021]

(2 of 2)

appellant seeking compensation against the respondents was partly allowed holding defendant No.3 also liable to pay compensation of Rs.1,14,663/- 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 20.03.2020 is further enhanced by Rs.45,000/- 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.3Insurance 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 20.03.2020 passed by MACT, Banswara (Raj.) in MAC Case No.157/2017 (CIS No.157/2017) is modified accordingly.

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

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(REKHA BORANA),J

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87-KashishS/-

Indu Kunwar v. Vithalla @ Vithal

Case brief

What is this about?

What did the court decide?

Indu Kunwar v. Vithalla @ Vithal

Case brief

What is this about?

What did the court decide?

What the court decided

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