Guddi And Others vs Suraja Ram And Others

Rekha Borana, J

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 and as the National Lok Adalat scheduled to be held on 09.12.2023 has not been held, a permission for listing the case has been made.

In view of the above request, the appeal has been permitted to be listed today.

An application under Section 5 of the Limitation Act has been preferred for condonation of delay of 121 days caused in filing the present appeal.

Learned counsel Mr. Aditya Singhi accepts notices of the application under Section 5 of the Limitation Act as well as appeal on behalf of respondent No.2 Insurance Company. The service on respondent No.1 being the driver and registered owner is dispensed with at the risk of the appellants. The counsel appearing for respondent No.2 does not object to the condonation of the delay and hence, the application under Section 5 of the Limitation Act is allowed. The delay caused in filing the present appeal is condoned.

The present civil misc. appeal has been preferred by the appellants seeking enhancement of the compensation amount as awarded by judgment dated 19.09.2017 passed in MAC Case No.127/2016 by learned Motor Accident Claims Tribunal, Merta whereby the claim of the appellants seeking compensation against the respondents was partly allowed holding defendant No.2 also liable to pay compensation of Rs.10,20,308/- with interest @8% per annum.

Learned counsel for the parties, in the spirit of Lok Adalat, 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 spirit of lok adalat, the compensation amount as awarded by the impugned judgment dated 19.09.2017 is further enhanced by Rs.3,25,000/- in favour of the claimants-appellants as a full and final settlement of the case. The amount so agreed shall be deposited by respondent No.2-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 claimants-appellants. The impugned judgment/award dated 19.09.2017 passed by MACT, Merta in MAC Case No.127/2016 is modified accordingly.

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

Office is directed to send back the record forthwith.