National Insurance Co Ltd vs Smt Lalita And Others
2021 Latest Caselaw 1997 Raj/2

           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       BENCH AT JAIPUR

              S.B. Civil Miscellaneous Appeal No. 1998/2012

National Insurance Company Ltd. Through its Authorized Officer,
Jaipur Regional Office, Ambedkar Circle, Jaipur.

                                                                  ----Appellant

                                     Versus

1. Smt Lalita Devi W/o. Late Mahipal, aged 30 years
2. Kumari Raj Kumari D/o. Mahipal, aged 12 years
3. Kumari Rachna D/o. Mahipal, aged 10 years
4. Kumari Poonam D/o. Mahipal, aged 9 years
5. Kumari Annu D/o. Mahipal, aged 5 years
6. Kumari Baskar D/o. Mahipal, aged 12 years
7. Rajpal D/o. Mahipal, aged 2 years 2 months
      No.2 to 7 are minor through Natural Guardian Mother Smt. Lalita
Devi W/o. Late Mahipal.


8. Smt. Ghoti Devi W/o. Heeralal
     Residents of Ward No.4, Mohan Colony, Salasar Road, Sikar (Raj.)
                                                     ----Claimant-Respondents

9. Ramdhan Gour S/o. Late Jeevanram, Resident of Village Mithdi, Tehsil Ladnu, Distt. Nagur (Raj.) (Owner of Vehicle Jeep Pickup No. RJ-37-GA-0642)

10. Birmaram S/o. Hanumanram, Resident of Village Chelasi, Tehsil and District Sikar (Raj.) (Owner of Vehicle Jeep Pickup No.RJ-37-GA- 0642)

----Non-Claimants-Respondents

For Appellant(s) : Mr. Praveen Kumar Jain, Advocate For Respondent(s) : Mr. Vinay Mathur, Advocate

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

23/02/2021

Instant appeal has been preferred on behalf of appellant-

company against the impugned judgment and award dated 12.04.2012

passed by the Workmen Compensation Commissioner, Sikar in W.C.C.F.

(2 of 2) [CMA-1998/2012]

No.11/2010, whereby the claim petition filed by the claimants had been

allowed and a sum of Rs.3,65,240/- alongwith interest had been

awarded as compensation in favour of the claimants.

Learned counsel appearing for both the parties submit that

the parties have settled their disputes by way of compromise dated

17.02.2021. Learned advocates appearing on behalf of both the parties

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

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

The contents of compromise read as under :-

"2.The parties to this litigation i.e. appellant non-claimants and claimant-respondent Nos.1 to 8 have entered into compromise on the following terms :-

a. A lump-sum amount of Rs.5,51,000/- (Five Lakh Fifty One Thousand) without any interest shall be paid to the claimants by insurance company by depositing the same in form of cheque in the name of Lalita Devi (Claimant Respondent No.1) within 4 weeks from today i.e. from date of compromise order as in full and final settlement of learned Commissioner award dated 12.04.2012.

b. In case, the insurance company fails to deposit the said amount within 4 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 full and final payment is made.

3. That the appeal is agreed to be disposed of in terms of this compromise in between Insurance company and Claimants."

In view of above, instant miscellaneous appeal stands

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

Pending application, if any, stands disposed of.

(CHANDRA KUMAR SONGARA),J

ARUN/ASHOK/48

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