High CourtsSingle Bench(2024) 02 RAJ CK 0154

Varsha vs Laxmi Narain And Ors

Rajasthan High Court · Decided on 1 February 2024

HON’BLE JUDGES
Rekha Borana, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Appeal No. 3693 Of 2011

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Judgment

6 paragraphs · 267 words

Rekha Borana, J

1.

A submission has been made by 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.

2.

The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded vide judgment dated 05.01.2011 passed in MAC Case No.160/2009 by learned Judge, Motor Accident Claims Tribunal, Udaipur (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.1,00,000/-with interest @8% per annum.

3.

In view of the above and in spirit of lok adalat, the compensation amount as awarded by the impugned judgment/award dated 05.01.2011 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.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 05.01.2011 passed by learned Judge, Motor Accident Claims Tribunal, Udaipur (Raj.) in MAC Case No.160/2009 is modified accordingly.

4.

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

5.

The application under Section 5 of the Limitation Act also stands disposed of.