Citation : 2022 Latest Caselaw 10990 Raj
Judgement Date : 27 August, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2274/2013
Reliance General Insurance Co. Ltd.
----Appellant Versus Smt. Mohini Devi And Ors.
----Respondenta
For Appellant(s) : Mr. Vishal Singhal For Respondent(s) : Mr. S.K. Sankhla
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
27/08/2022
The present appeal under Section 173 of the Motor Vehicles
Act, 1988 is preferred by the Insurer, Reliance General Insurance
Co. Ltd, against judgment and award dated 10.10.2013, passed
by Motor Accidents Claims Tribunal, First, Jodhpur (for short,
'learned Tribunal'), in MACT Case No.823/2010, whereby the
learned Tribunal has awarded compensation to the tune of
Rs.14,44,450/- along with interest @ 8.5%% per annum from the
date of filing of claim petition.
Pending instant appeal, appellant-Insurer and respondents
made sincere endeavour to resolve the dispute by mutual
agreement. After threadbare deliberations, rival parties, in the
spirit of Lok Adalat, have agreed to settle the matter perpetually.
In terms of settlement, appellant-insurer has agreed to pay
respondents further lump sum amount of Rs.8,00,000/-(Rupees
(2 of 2) [CMA-2274/2013]
Eight Lakhs) within six weeks, in additional to the amount already
deposited by the Insurance Company in compliance of the
impugned award in favour of the respondent-claimants as a full
and final settlement of the case. The amount so agreed shall be
deposited by the appellant-Insurer with the Tribunal within a
period of two months from today failing which the same shall
carry interest @ 7% per annum from the date of this order till
actual realization.
The enhanced amount of compensation be disbursed in
terms of the award in the saving bank account of the claimants.
The award impugned dated 10.10.2013 passed by Motor Accidents
Claims Tribunal, First, Jodhpur, in MACT Case No.823/2010 is
modified accordingly.
Accordingly, the instant appeal is disposed of in terms of the
compromise arrived at between the parties.
The Registry is directed to send back the record, if received,
forthwith.
(MADAN GOPAL VYAS),J 67-Bharti/-
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