Ladu Lal vs Shriram General Insurance Co. Ltd
2021 Latest Caselaw 9599 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 249/2020

Ladu Lal S/o Moda Teli, Aged About 51 Years, R/o Sardarnagar, P.s. - Baneda, District Bhilwara (Raj.)

----Appellant Versus

1. Shriram General Insurance Co. Ltd., Through Divisional Manager, Branch Office, E-8, Riico Industrial Area, Sitapura, Jaipur (Insurer)

2. Suwa Lal S/o Gokul Gurjar, R/o Kangaso Ka Badiya, Tehsil Mandal, District Bhilwara (Owner)

3. Shabbir Khan Pathan S/o Nasir Khan Pathan, R/o Bhadali Kheda, Tehsil And District Bhilwara (Driver)

----Respondents

For Appellant(s) : Mr. Manish Kumar Pitaliya, through Cisco Webex App For Respondent(s) : Mr. Vishal Singhal, through Cisco Webex App

JUSTICE DINESH MEHTA

Order

27/05/2021

1. The present appeal is directed against the judgment and

award dated 17.09.2019, passed by the learned Judge, Motor

Accident Claims Tribunal, No.1, Bhilwara in Claim Application

No.405/2013.

2. Mr. Vishal Singhal, learned counsel for the Insurance

Company submits that though notices of respondent No.2 is

awaited, however, looking to the controversy and nature of the

case, service upon them is not required.

3. In view of the submission made by Mr. Singhal and having

regard to the fact that the appellant and respondent- Insurance

(2 of 2) [CMA-249/2020]

Company have amicably settled the case, service upon respondent

No.2 is hereby dispensed with.

4. Learned counsel for the Insurance Company, at the outset,

submits that the respondent - Insurance Company (insurer of

offending vehicle) has offered an amount of Rs.1,20,000/- to the

appellant as a lump sum amount over and above the amount

already paid, which offer is acceptable to the appellant.

5. Mr. Manish Kumar Pitaliya, learned counsel for the appellant

confirms/accepts such statement/offer made by Mr. Singhal,

learned counsel for the Insurance Company.

6. In view of the aforesaid, the present appeal is disposed of in

the spirit of the Lok Adalat with the direction to the respondent -

Insurance Company to pay a sum of Rs.1,20,000/- to the

appellant-claimant within a period of six weeks. The respondent -

Insurance Company shall deposit the said amount in the Motor

Accident Claims Tribunal, No.1, Bhilwara, which shall disburse the

same, in accordance with law.

7. In case, the aforesaid amount is not deposited within six

weeks, it shall carry an interest @ 6% per annum.

(DINESH MEHTA),J

37-skm/-

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