Allowed

Bada Ram v. Shashi Prakash and Anr.

Rajasthan HC7 Jan 2025CMA/475/2011

Case brief

AI extract

What is this about?

In a civil miscellaneous appeal filed by Bada Ram seeking enhancement of motor accident compensation, the High Court at Jodhpur recorded a Lok Adalat compromise. The Court approved enhancing the compensation to a settlement amount and directed the Insurance Company to pay the enhanced sum.

What did the court decide?

The compensation amount was enhanced by Rs.6,00,000/- to constitute a full and final settlement, which the Insurance Company must deposit within three months.

Bada Ram Vs Shashi Prakash and Anr. — Insurance | Rajasthan HC (2025)

¶1

[2025:RJ-JD:962]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Misc. Appeal No. 475/2011

Bada Ram

----Appellant

Versus

Shashi Prakash And Anr.

¶8

----Respondents

¶9

For Appellant(s)	: Mr. Surendra Surana
For Respondent(s)	: Mr. Santosh Choudhary

¶10

HON'BLE MS. JUSTICE REKHA BORANA

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Order

¶12

07/01/2025

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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.

¶14

Mr. Prashant Sharma, the Legal Manager of respondentInsurance Company has been authorized by the Insurance Company to enter into the said compromise.

¶15

The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded vide judgment/award dated 23.12.2010 passed by learned Motor Accident Claims Tribunal, Abu Road in MAC Case No.28/2009 whereby the claim of the appellant seeking compensation against the respondents was partly allowed holding defendant No.2-Insurance Company also jointly and severally liable to pay compensation of Rs.3,35,832/- with interest @7% per annum.

[2025:RJ-JD:962]

[CMA-475/2011]

(2 of 2)

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

¶20

In view of the above and in spirit of Lok Adalat, the compensation amount as awarded by the impugned judgment dated 23.12.2010 is further enhanced by Rs.6,00,000/- in favour of the claimant-appellant as a full and final settlement of the case. The amount so agreed shall be deposited by 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 terms of the award in the saving bank account of the claimantappellant.

¶21

The appeal is disposed of with the above observations.

¶22

All pending applications, if any, stand disposed of .

¶23

(REKHA BORANA),J

¶24

218-T.Singh/-

Bada Ram v. Shashi Prakash and Anr.

Case brief

What is this about?

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Bada Ram v. Shashi Prakash and Anr.

Case brief

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