Santosh Kumar vs Mahnendra Sharma And Ors
2021 Latest Caselaw 2587 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 3113/2017 Santosh Kumar s/o Vardi Chand, aged about 28 years, R/o Jhantura, Tehsil Devgarh District Rajsamand

----Appellant Versus

1. Mahendra Shrama s/o Kishan Lal, R/o Back side of Gaytri Temple, Jetaran District Pali

2. Gautam Jain s/o Jaswantraj R/o Haveli ka vas, Tehsil Jetaran District Pali

3. United India Insurance Company Ltd. Bapu Market, Udaipur

----Respondents

For Appellant(s) : Mr. Sandeep Saruparia Respondent(s) : Mr. Amit Mehta

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

01/02/2021

The matter comes up on an application for condonation of

delay of 25 days in filing the present appeal.

I have considered the submissions made at the Bar and the

reasons mentioned in the application for condonation of delay. The

delay of 25 days in filing the present appeal appears to be bona

fide.

For the reasons mentioned in the application, the same is

allowed. The delay of 25 days in filing the present appeal is

condoned.

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 03.07.2017 passed by Motor Accident Claims

Tribunal, Rajsamand, in Motor Accident case No. 131/2014

(2 of 2)

whereby the learned Tribunal has awarded a sum of Rs.4,35,157/-

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

Rs. 2,50,000/- 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. 2,50,000/- 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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