Ramdhan S/O Narsi Ram Gurjar vs Tejaram S/O Kajodmal Gurjar
2021 Latest Caselaw 1923 Raj/2

Citation : 2021 Latest Caselaw 1923 Raj/2
Judgement Date : 22 February, 2021

Rajasthan High Court

Ramdhan S/O Narsi Ram Gurjar vs Tejaram S/O Kajodmal Gurjar on 22 February, 2021

Bench: Chandra Kumar Songara

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

             S.B. Civil Miscellaneous Appeal No. 5185/2019

Ramdhan S/o Narsi Ram Gurjar, Aged About 29 Years, R/o Bhindor,
Tehsil Virat Nagar, Distt. Jaipur (Raj)

                                                                    ----Appellant

                                     Versus

1.      Tejaram S/o Kajodmal Gurjar, R/o Kalyanpura, Tehsil Kotputly
        Distt. Jaipur (Driver Jeep No. Rj-32-Ta-0149)

2.      Gopiram S/o Sonaram Gurjar, R/o Sultan Ka Dher, Chhapuda
        Kalan, Tehsil Shahpura, Distt. Jaipur (Regd. Owner Jeep No.
        Rj-32-Ta-0149)

3.      Bajaj Aliysanj General Insurance Co. Ltd., 12-A, Ashok Marg,
        C-Scheme, Jaipur Policy No. Og-09-14Ds-1803-00000455,
        Validity Date 02.02.2009 To 06.02.2010

                                                                 ----Respondents

For Appellant(s) : Mr. Sunil Jain, Advocate for Mr. Ram Sharan Sharma, Advocate For Respondent(s) : Mr. Chanderdeep Singh Jodha, Advocate

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

22/02/2021

Instant appeal has been preferred on behalf of claimant-

appellant against the impugned judgment and award dated 28.06.2019

passed by the Court of Motor Accident Claims Tribunal, Shahpura

District Jaipur, in Claim Petition No.138/2010, NCV No.379/2014,

whereby the said petition filed by the claimant had been partly allowed

and a sum of Rs.92,186/- had been awarded as compensation in favour

of the claimant.

Learned counsel appearing for both the parties submit that

the parties have settled their disputes by way of compromise dated

12.01.2021. Learned advocates appearing on behalf of both the parties

(2 of 2) [CMA-5185/2019]

requested the Court to pass an appropriate order for disposal of the

appeal in terms of the compromise arrived at between the parties.

The said compromise reads as under :-

"The parties to this litigation i.e. appellant-claimants and respondent No.3, Bajaj Allianz General Insurance Company have entered into compromise on the following terms :-

1. A lump-sum amount of Rs.25,000/- Twenty Five Thousand (Without any interest) shall be paid to the claimants by insurance company by depositing the same before tribunal concerns within 6 weeks from today (date of compromise order) in full and final settlement of appeal with claimants.

2. In case, the insurance company fails to deposit the said amount within 6 weeks from today i.e. from date of compromise order, claimants shall be entitled for interest at 6% PA from the date of compromise order, till payment is made.

3. The appeal is agreed to be disposed of in terms of this compromise."

In view of above, instant miscellaneous appeal stands

disposed of, in terms of the compromise arrived at between the parties.

(CHANDRA KUMAR SONGARA),J

CHHAYA/ASHOK/4