Anil vs Ali Mohd And Others

Rekha Borana, J

Matter comes upon an application under Section 5 of the Limitation Act for condonation of the delay of 11 days caused in filing the present appeal.

Although the notices of application have not been issued yet, as learned counsel Mr. Devendra Singh Chouhan puts in appearance for respondent No.3 Insurance Company, this Court is not inclined to issue notice on the same.

At the request of learned counsel for the appellant, service on respondent Nos.1 & 2, being the driver and owner is dispensed with at the risk of the appellant.

For the reasons stated in the application under Section 5 of the Limitation Act the delay is condoned and the application is allowed.

Both the learned counsel for the parties submit 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 entered into between the parties, which is taken on record.

Learned counsel Mr. Devendra Singh Chouhan submits that he has been authorised by the Insurance Company to enter into the said compromise in the spirit of Lok Adalat.

The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded by judgment dated 19.09.2017 passed in MAC Case No.497/2012 by learned Judge, Motor Accident Claims Tribunal, Salumber, District Udaipur, 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.33,500/- with interest @9% per annum.

In view of the above and in spirit of lok adalat, the compensation amount as awarded by the impugned judgment dated 19.09.2017 is further enhanced by Rs.1,15,000/- 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 19.09.2017 passed in MAC Case No.497/2012 by learned Judge, Motor Accident Claims Tribunal, Salumber, District Udaipur is modified accordingly.

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