Citation : 2021 Latest Caselaw 2585 Raj
Judgement Date : 1 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2038/2018 Rahul Kumar s/o Shri Sampat Lal Soni, aged 23 years, R/o Village Ulela, Tehsil Jahazpur, District Bhilwara
----Appellant Versus
1. United Insurance Company Ltd. through Divisional Manager, Branch Office, Bhilwara.
2. M/s. Mahesh Oil Productor R/o Naya Bazar, Tehsil Shahpura, district Bhilwara through its partner and possession holder Vikas Toshniwal s/o Balmukund Toshniwal, r/o Naya Bazar, Shahpura, District Bhilwara.
3. Vikas Toshniwal s/o Balmukund Toshniwal, r/o Naya Bazar, Shahpura, District Bhilwara.
----Respondents For Appellant(s) : Mr. Manish Pitaliya Respondent(s) : Mr. Amit Mehta
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
01/02/2021
With the consent of the parties, the matter is being heard
today and disposed of finally.
The present appeal has been preferred against the Judgment
and Award dated 21.04.2018 passed by Motor Accident Claims
Tribunal, Chittorgarh, in Motor Accident case No. 01/2016
whereby the learned Tribunal has awarded a sum of Rs.
1,67,438/- to the claimants.
Learned counsel for the parties submit that the parties have
entered into a memorandum of understanding which is taken on
record.
As per the memorandum of understanding, the respondent -
Insurance Company has proposed to pay an additional amount of
(2 of 2)
Rs. 1,70,000/- as full and final settlement towards the claim
raised by the appellant-claimant in the present case. The proposal
given by the Insurance Company is gracefully accepted by the
learned counsel for the appellant.
In these circumstances, the present appeal is disposed of
with a direction to the Insurance Company to pay an amount of
Rs. 1,70,000/- to the appellant as full and final settlement of his
claim in addition to the amount already awarded by the Tribunal
within a period of six weeks from today. If the said amount is not
paid within a period of six weeks, it shall carry an interest @ 6%
p.a. till the same is paid.
(VINIT KUMAR MATHUR),J
C-Payal/-
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