Girdhari vs Raghunath

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

Learned counsel Mr. Santosh Choudhary submits that he has been authorised by the 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 12.12.2017 passed in MAC Case No.276/2013 (CIS No.811/2014) by learned Motor Accident Claims Tribunal, Rajsamand (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.6,04,870/- 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 12.12.2017 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 12.12.2017  passed  by  learned  Judge,  Motor  Accident  Claims Tribunal, Rajsamand (Raj.) in MAC Case No.276/2013 (CIS No.811/2014) is modified accordingly.

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

Office is directed to send back the record forthwith.