Disposed

Khamana Ram @ Khumana Ram v. Dhanraj and Ors.

Rajasthan HC15 Mar 2024CMA/2109/2016

Case brief

AI extract

What is this about?

The Court condoned a five-day delay in filing the appeal under Section 5 of the Limitation Act. The appeal, seeking enhancement of compensation in a motor accident claim, was disposed of via a compromise decree under Lok Adalat, enhancing the compensation amount.

What did the court decide?

Appeal disposed of; compensation enhanced by Rs.1,35,000/- pursuant to compromise.

Khamana Ram @ Khumana Ram Vs Dhanraj and Ors. — Motor Accident Claims | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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S.B. Civil Misc. Appeal No. 2109/2016

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Khamana Ram @ Khumana Ram

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----Appellant

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DhanrajAnd Ors.		Versus ----Re
For Appellant(s)	: Mr.	Ravi Panwar
For Respondent(s)	: Mr.	Devendra Singh Chouhan

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----Respondents

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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15/03/2024

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Learned Counsel Mr. Devendra Singh Chouhan has put in appearance for respondent No.3 Insurance Company. At the request of learned counsel for the appellants, service on respondent Nos.1 & 2 being driver and owner of the vehicle is dispensed with as the issue of negligence is not under challenge.

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Heard on application under Section 5 of the Limitation Act.

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For the reasons stated in the application under Section 5 of the Limitation Act, the same is allowed . The delay of five days caused in filing the present appeal is condoned.

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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 27.05.2016 passed in MAC Case No.444/2011 (3174/2014) by learned Motor Accident Claims Tribunal First, Jodhpur 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.2,44,575/with interest @8.5% per annum.

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[CMA-2109/2016]

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(2 of 2)

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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 27.05.2016 is further enhanced by Rs.1,35,000/- 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 27.05.2016 passed by MACT First, Jodhpur in MAC Case No.444/2011 (3174/2014) is modified accordingly.

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

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(REKHA BORANA),J

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194-devanshi/Abhishek-

Khamana Ram @ Khumana Ram v. Dhanraj and Ors.

Case brief

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Khamana Ram @ Khumana Ram v. Dhanraj and Ors.

Case brief

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