Disposed

Smt.Varsha v. Laxmi Narain and Ors.

Rajasthan HC1 Feb 2024CMA/3693/2011

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur, disposed of a civil miscellaneous appeal where a compromise was entered into before a Lok Adalat. The compensation awarded in the impugned judgment was enhanced to Rs. 3,50,000/-, subject to deposit by the Insurance Company, and the appeal along with a limitation application was disposed of accordingly.

What did the court decide?

Compensation enhanced by Rs. 3,50,000/-; appeal and limitation application disposed of; impugned judgment modified.

Smt.Varsha Vs Laxmi Narain and Ors. — Motor Accident Claims | Rajasthan HC (2024)

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[2024:RJ-JD:5225]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 3693/2011

Smt.varsha

----Appellant

Versus

Laxmi Narain And Ors.

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----Respondents

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For Appellant(s)	:	Mr. Vijay Kumar for Mr. Ravindra Paliwal
For Respondent(s)	:	Mr. Vishal Singhal and
		Mr. Vipul Singhvi for respondent No.3,
		Insurance Company

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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01/02/2024

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A submission has been made by 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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The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded vide judgment dated 05.01.2011 passed in MAC Case No.160/2009 by learned Judge, Motor Accident Claims Tribunal, Udaipur (Raj.) 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.1,00,000/with interest @8% per annum.

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(2 of 2) [CMA-3693/2011]

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[2024:RJ-JD:5225]

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In view of the above and in spirit of lok adalat, the compensation amount as awarded by the impugned judgment/award dated 05.01.2011 is further enhanced by Rs.3,50,000/- 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.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 05.01.2011 passed by learned Judge, Motor Accident Claims Tribunal, Udaipur (Raj.) in MAC Case No.160/2009 is modified accordingly.

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

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The application under Section 5 of the Limitation Act also stands disposed of .

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(REKHA BORANA),J

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122-KashishS/-

Smt.Varsha v. Laxmi Narain and Ors.

Case brief

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Smt.Varsha v. Laxmi Narain and Ors.

Case brief

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