Mohan Lal Vs Tejas Desai and Ors. — Rajasthan HC (2025) — LawSathi Research

Mohan Lal Vs Tejas Desai and Ors. — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Compensation enhanced by Rs.90,000/- over the amount awarded by the impugned order dated 11.02.2014, as full and final settlement arrived at in the spirit of Lok Adalat; amount payable by respondent No.3-Insurance Company, to be deposited with the Tribunal within three months (failing which interest @7.5% per annum runs from the date of the order till realization) and to be disbursed/deposited in the saving bank account of the claimant; pending applications disposed of.

Issue for consideration

Whether the delay of 120 days in filing the appeal should be condoned under Section 5 of the Limitation Act. +1 more

Court's answer

The application under Section 5 of the Limitation Act was allowed and the delay caused in filing the appeal was condoned.

Ratio / Principle

In view of the compromise entered into between the parties in the spirit of Lok Adalat, the compensation awarded by the impugned order dated 11.02.2014 was further enhanced by Rs.90,000/- in favour of the claimant-appellant as a full and final settlement of the case.

Key takeaways

The agreed enhanced amount shall be deposited by the Insurance Company with the Tribunal within three months, failing which it shall carry interest @7.5% per annum from the date of the order till actual realization; the enhanced compensation is to be disbursed/deposited in the saving bank account of the claimant.ratio¶24

Detailed headnote1 paragraphs

Rajasthan High Court at Jodhpur (single Bench, Rekha Borana, J.), order dated 08/01/2025 in S.B. Civil Misc. Appeal No. 1475/2014 (Mohan Lal v. Tejas Desai And Ors.). The claimant-appellant sought enhancement of compensation fixed by the order dated 11.02.2014 of Motor Accident Claims Tribunal, Sirohi in MAC Case No.141/2009, passed on an application under Order 47 Rule 1, CPC, whereby the Tribunal modified the award dated 25.09.2012 and held defendant No.3-Insurance Company jointly and severally liable to pay Rs.2,29,300/- (revised from Rs.2,95,275/) with interest @7% per annum. The appeal, reported barred by 120 days, was admitted after the delay was condoned on an application allowed under Section 5 of the Limitation Act; service on respondent Nos.1 and 2 was dispensed with and service on respondent No.3-Insurance Company was complete through its counsel. On a memorandum of understanding/compromise entered into between the claimant and the Insurance Company in the spirit of Lok Adalat (counsel for the Insurance Company being authorized to conclude it), the Court further enhanced the compensation by Rs.90,000/- in favour of the claimant-appellant as a full and final settlement, directed deposit by the Insurance Company with the Tribunal within three months (failing which interest @7.5% per annum accrues till realization) and disbursement/deposit into the claimant's saving bank account. The appeal and pending applications were disposed of. No precedent was discussed and no issue of law was adjudicated beyond the delay condonation and the consensual settlement.

[2025:RJ-JD:1097]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Misc. Appeal No. 1475/2014

Mohan Lal

----Appellant

Versus

Tejas Desai And Ors.

	----Respondents
For Appellant(s)	: Mr. Richin Surana
For Respondent(s)	: Mr. Santosh Choudhary

HON'BLE MS. JUSTICE REKHA BORANA Order

08/01/2025

The appeal is reported to be barred by 120 days.

An application under Section 5 of the Limitation Act has been filed to condone the delay.

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

Admit. Issue notice.

Service on respondent Nos.1 & 2 is dispensed with at the request of learned counsel for the appellant.

Power (P/A) has already been filed by learned counsel Mr. Santosh Choudhary on behalf of respondent No.3-Insurance Company. Service is hence, complete.

A joint submission has been made by learned counsels for the claimant and the Insurance Company that a compromise has been entered into between the parties in the spirit of Lok Adalat.

Learned counsel Mr. Santosh Choudhary submits that he has been authorized by the Insurance Company to enter into the said compromise.

(2 of 2)

[2025:RJ-JD:1097]

[CMA-1475/2014]

The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount against the order dated 11.02.2014 passed by learned Motor Accident Claims Tribunal, Sirohi in MAC Case No.141/2009 on an application filed under Order 47 Rule 1, CPC whereby the learned Tribunal has modified the award dated 25.09.2012 holding defendant No.3-Insurance Company also jointly and severely liable to pay compensation of Rs.2,29,300/- instead of Rs.2,95,275/with interest @7% per annum.

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

In view of the above and in the spirit of Lok Adalat, the compensation amount as awarded by the impugned order dated 11.02.2014 is further enhanced by Rs.90,000/- in favour of the claimant-appellant as a full and final settlement of the case. The amount so agreed shall be deposited by the Insurance Company with the Tribunal within a period of three 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 the saving bank account of the claimant.

The appeal is disposed of with the above observations.

Pending applications, if any, stand disposed of .

(REKHA BORANA),J

171-T.Singh/-