Disposed

Roop Singh v. Cholla Ms. General Insurance Co. Ltd.

Rajasthan HC10 Jan 2024CMA/1589/2022

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of a Civil Misc. Appeal wherein parties entered a settlement in Lok Adalat. The Court modified the impugned Motor Accident Claims Tribunal award to enhance compensation by Rs.3,00,000/- via a Memorandum of Understanding.

What did the court decide?

Compensation enhanced by Rs.3,00,000/-; impugned judgment modified accordingly; appeal disposed of.

Roop Singh Vs Cholla Ms. General… — Contract and Commercial Disputes | Rajasthan HC (2024)

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[2024:RJ-JD:1428]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1589/2022

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Roop Singh S/o Jagga Singh, Aged About 37 Years, B/c Rawat R/ o Village Pada Bagar Banjari, Police Station Tatgarh, District Ajmer

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----Appellant

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Versus

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Cholla Ms. General Insurance Co. Ltd., Through Branch Manager, Branch Office Bank Tiraha, Above Sbi Bank,udaipur (Insurer)

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Hemraj S/o Gopilal Gurjar, R/o Purana Bda Kheda, Police Station Asind, District Bhilwara (Driver)

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Dinesh S/o Narayan Lal Gurjar, R/o Purana Bda Kheda, Police Station Asind, District Bhilwara (Driver)

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----Respondents

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For Appellant(s)	: Mr. Vijay Rajpurohit for
	Mr. SandeepSaruparia
For Respondent(s)	: Ms. Anamika Baghmar for
	Mr. Vishal Singhal

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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10/01/2024

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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.

[2024:RJ-JD:1428]

[CMA-1589/2022]

(2 of 3)

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.

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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 01.06.2022 passed in MAC Case No.148/2021 by learned Motor Accident Claims Tribunal, Rajsamand 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.3,03,700/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 01.06.2022 is further enhanced by Rs.3,00,000/- 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.1Insurance 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 01.06.2022 passed by MACT, Rajsamand in MAC Case No. 148/2021 is modified accordingly.

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(3 of 3) [CMA-1589/2022]

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[2024:RJ-JD:1428]

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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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104-KashishS/-

Roop Singh v. Cholla Ms. General Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Roop Singh v. Cholla Ms. General Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

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