Disposed

Girdhari Salvi v. Raghunath and Ors.

Rajasthan HC22 Jan 2024CMA/824/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a civil miscellaneous appeal seeking enhancement of motor accident compensation. A compromise via Lok Adalat resulted in an enhancement of Rs.3,50,000/- to be paid by the insurer, modifying the original award.

What did the court decide?

Impugned judgment modified to enhance compensation to Rs.6,04,870/- + Rs.3,50,000/- via insurance deposit with 7.5% interest on default.

Girdhari Salvi Vs Raghunath and Ors. — Insurance | Rajasthan HC (2024)

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[2024:RJ-JD:3332]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 824/2018

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Girdhari Salvi S/o Kesulal, By Caste Salvi, R/o Mandi, Post Vagad, Tehsil Raipur, District Bhilwara. Presently Resident Of Regaro Ka Mohalla, Rajsamand Raj..

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----Appellant

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Versus

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Raghunath S/o Shri Narayan Ged, Resident Of Dakshewar Nagar, Pandesar, Ughna, Surat Gujarat. - Driver

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Ketan Bhai S/o Shri Praveen Chand Jadawal, Resident Of 3/36 Pavitra Road House, Gate No. 3, Anand Mahal Road, Adajan, Surat Gujarat. - Owner Of Vehicle

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Bharti Exa General Insurance Company Pvt. Ltd., First Floor, Fans Icon Survey No. 28, Daudanakundi, Gaon, K.r. Puram Hubli, Bengalore. - Insurance Company

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----Respondents

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For Appellant(s)	: Mr. Rishabh Shrimali
For Respondent(s)	: Mr. Santosh Choudhary

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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22/01/2024

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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. 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. Santosh Choudhary 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

[2024:RJ-JD:3332]

[CMA-824/2018]

(2 of 2)

awarded by judgment dated 12.12.2017 passed in MAC Case No.276/2013 (CIS No.811/2014) by learned Motor Accident Claims Tribunal, Rajsamand (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.6,04,870/- with interest @9% per annum.

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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 12.12.2017 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.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 12.12.2017 passed by learned Judge, Motor Accident Claims Tribunal, Rajsamand (Raj.) in MAC Case No.276/2013 (CIS No.811/2014) is modified accordingly.

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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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176-KashishS/-

Girdhari Salvi v. Raghunath and Ors.

Case brief

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Girdhari Salvi v. Raghunath and Ors.

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