Disposed

Ajay Jain v. Abhishek Jain and Anr.

Rajasthan HC8 Feb 2024CMA/1138/2018

Case brief

AI extract

What is this about?

The Court allowed condonation of delay in filing the appeal by 30 days. Upon acceptance of a Lok Adalat compromise, compensation awarded in the lower tribunal was enhanced by Rs.1.5 lakh, and the appeal was disposed of.

What did the court decide?

The appeal is disposed of; compensation enhanced by Rs.1.50,000/- as per Lok Adalat compromise; the impugned award modified.

Ajay Jain Vs Abhishek Jain and Anr. — Insurance | Rajasthan HC (2024)

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[2024:RJ-JD:6513]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1138/2018

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Ajay Jain S/o Sh. Nageen Lal Jain, Resident Of S-3-13, M.I.G. Duplex, R.H.B. Colony, Near Raj Bharti School, Sector No. 14, Udaipur.

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----Appellant

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Versus

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Abhishek Jain S/o Sh. Heera Lal Jain, Resident Of 21-New Rajendra Nagar, Gyariwas, P.s. Hiran Magri, Udaipur Proprietor Jai Lime And Chemicals, Udaipur. (Vehicle Driver)

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I.C.I.C.I. Lombard General Insurance Company Ltd., Through Its Central Office, Madhuban, Udaipur. (Insurer Of Vehicle)

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----Respondents

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For Appellant(s)	: Ms.	Khushboo Vyas Bali for
	Mr.	Deepak Menaria
For Respondent(s)	: Mr.	Devendra Singh Chouhan

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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08/02/2024

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Learned counsel Mr. Devendra Singh Chouhan puts in appearance for respondent No.2 Insurance Company.

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The service on respondent No.1 is dispensed with at the risk of the appellant. Service is hence complete.

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The appeal is reported to be barred by 30 days.

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An application under Section 5 of the Limitation Act has been filed for condonation of the said delay.

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For the reasons stated in the application, the same is allowed . The delay of 30 days caused in filing the present appeal is condoned.

[2024:RJ-JD:6513]

[CMA-1138/2018]

(2 of 3)

The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded by judgment dated 28.10.2017 passed in MAC Case No.139/2017 by learned Motor Accident Claims Tribunal No.1, Udaipur whereby the claim of the appellant seeking compensation against the respondents was partly allowed holding defendant No.2 also liable to pay compensation of Rs.35,000/- with interest @8.5% per annum.

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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. They have placed on record a memorandum of understanding/compromise as entered into between the parties, which is taken on record.

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Learned counsel Mr. Devendra Singh Chouhan submits that he has been authorised by the Insurance Company to enter into the said compromise in the spirit of Lok Adalat. 9. In view of the above and in spirit of lok adalat, the compensation amount as awarded by the impugned judgment/award dated 28.10.2017 is further enhanced by Rs.1,50,000/- 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.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 claimant-appellant. The impugned judgment/award

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(3 of 3) [CMA-1138/2018]

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[2024:RJ-JD:6513]

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dated 28.10.2017 passed by Motor Accident Claims Tribunal No.1, Udaipur in MAC Case No.139/2017 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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284-Vij/-

Ajay Jain v. Abhishek Jain and Anr.

Case brief

What is this about?

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Ajay Jain v. Abhishek Jain and Anr.

Case brief

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