Rajasthan High Court - Jodhpur
Allabandi vs Dalip Singh on 26 August, 2021
Bench: Arun Bhansali
1 [CMA-445/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Misc. Appeal No. 445/2021
1. Allabandi W/o Hussain Mohammad, Aged About 32 Years, Ward
No. 1, Bhadra, Dis. Hanumangarh
2. Rehan S/o Hussain Mohammad, Aged About 11 Years, Ward No.
1, Bhadra, Dis. Hanumangarh
3. Ayan S/o Hussain Mohammad, Aged About 10 Years, Ward No.
1, Bhadra, Dis. Hanumangarh
4. Bismilah W/o Abdul Kha, Aged About 64 Years, Ward No. 1,
Bhadra, Dis. Hanumangarh
5. Abdul Kha S/o Abdulgani Kha, Aged About 67 Years, Ward No.
1, Bhadra, Dis. Hanumangarh
----Appellants
Versus
1. Dalip Singh S/o Khyali Ram, Village Munsari, Police Station
Rawatsar, Dis. Hanumangarh
2. Ramdev S/o Mahaveer, Village Poharka, Tehsil Ellenabad, Dis.
Sirsa (Haryana)
3. Future India Insurance Company Limited, Mumbai, Manager,
Sansar Chand Road, Jaipur
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 349/2021
Future Generali India Insurance Company Limited, Manager Future
Generali General Insurance Co. Ltd Sansar Chand Road, Jaipur
----Appellant
Versus
1. Allabandi W/o Hussain Mohd. @ Mohd. Hussain, Ward No. 1,
Bhadra Tehsil Bhadra, Dis. Hanumangarh
2. Rehaan Hussain, Ward No. 1, Bhadra Tehsil Bhadra, Dis.
Hanumangarh
3. Ayaan S/o Hussain Mohd. @ Mohd. Hussain, Ward No. 1,
Bhadra Tehsil Bhadra, Dis. Hanumangarh
4. Bismillah W/o Abdul Khan, Ward No. 1, Bhadra Tehsil Bhadra,
Dis. Hanumangarh
5. Abdul Khan S/o Abdul Gani Khan, Ward No. 1, Bhadra Tehsil
Bhadra, Dis. Hanumangarh
6. Dilip Singh S/o Khayali Ram Jat, Munsari Thana Rawatsar, Dis.
Hanumangarh
7. Ramdev S/o Mahaveer Jat, Pohadaka Tehsil Elnabad Dis. Sirsa
(Haryana)
----Respondents
For Appellant(s) : Mr. Himmat Jagga for
Mr. Bhoop Singh.
For Respondent(s) : Mr. Vishal Singhal.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
26/08/2021
2 [CMA-445/2021]
These appeals arise out of judgment and award dated
25.01.2021 passed by Motor Accident Claims Tribunal, Bhadra,
Hanumangarh, whereby, the Tribunal has awarded a sum of Rs.
25,09,600/- as compensation alongwith interest @ 9% p.a. from the
date of application i.e. 02.01.2018.
While the claimants have sought enhancement of compensation,
the Insurance company has disputed its liability as well as questioned
the quantum of compensation.
Learned counsel for the parties submit that parties have settled
the dispute mutually, whereby, the appellant - Insurance company
shall make further lump sum payment of Rs. 12,00,000/- to the
claimants over and above the amount already deposited by it
pursuant to the interim order dated 22.07.2021, whereby, it was
ordered that the appellant - Insurance Company shall deposit 70% of
the impugned award alongwith interest as awarded by the Tribunal.
The amount of Rs. 12,00,000/- would be deposited within a
period of four weeks and if the amount is not deposited within a
period of four weeks, the said amount of Rs. 12,00,000/- would carry
interest @ 6% p.a. from the expiry of period of four weeks till the
date the amount is paid.
On amount being deposited, the same shall be disbursed to the
claimants in terms of the award.
In view of the compromise/settlement arrived at between the
parties, it is ordered that the award dated 25.01.2021 passed by
Motor Accident Claims Tribunal, Bhadra, Hanumangarh shall stand
modified in terms of the compromise. Both the appeals stand disposed
of.
(ARUN BHANSALI),J
134-pradeep/-
Powered by TCPDF (www.tcpdf.org)
