Rajasthan High Court - Jodhpur
Reliance General Insurance Co. ... vs Smt. Hema Devi And Ors on 10 February, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 448/2014
Reliance General Insurance Company Ltd, through Manager,
Registered Office Reliance Center, 19-Walchand, Heerachand
Marg, Bellard Estate, Mumbai-400001, Branch Office/Regional
Office at Maker Tower, 2nd Floor, Nityanand Marg, Queen's Road,
Vaishali Nagar, Jaipur through its Constituent Attorney.
----Appellant
Versus
1. Smt. Hema Devi W/o Late Sohan Lal
2. Kum Kamna D/o Late Sohan Lal, Minor through her natural
guardian mother Smt. Hema Devi
3. Raju Ram S/o Hema Ram
4. Smt. Shanti Devi W/o Raju Ram
All b/c Mali, R/o Village Satlana, Tehsil Luni, District Jodhpur.
5. Santosh Kumar S/o Shri Pokar Ram, B/c Sargara, R/o 52,
Shanker Nagar, Sangaria Fanta, Basni Police Station Jodhpur,
Dsitrict Jodhpur (Driver)
6. Daulat Ram S/o Bhinya Ram, B/c Jat, R/o Jalleli Nayhla,
Dangiawas, Police Station, District Jodhpur (Owner)
----Respondents
For Appellant(s) : Mr. TRS Sodha
For Respondent(s) : Mr. Manish Patel
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
10/02/2022
Instant misc. appeal has been filed by the appellant
Insurance Company against the judgment and award dated
14.11.2013 passed by learned Judge, Motor Accident Claims
Tribunal-I, Jodhpur whereby the learned Tribunal has awarded a
compensation of Rs.13,05,000/- in favour of the claimants holding
the appellant-Insurance Company liable for the same.
(2 of 2) [CMA-448/2014]
During the pendency of the appeal, both the parties i.e.
appellant-Insurance Company and the claimants have mutually
settled the amount of compensation and pray to dispose of the
appeal in the following terms :-
A- Out of the total compensation of Rs.13,05,000/- payable in
terms of the award dated 14.11.2013, the appellant-Insurance
Company has already deposited Rs.8,00,000/- with interest before
the learned Tribunal, which has already been disbursed/received
by the claimants. Over and above to the amount of Rs.8,00,000/-
already paid/disbursed to the claimants, the appellant-Insurance
Company shall deposit additional sum of Rs.9,00,000/- towards
full and final settlement of the claim of the claimants before the
learned Tribunal within a period of two months from today, failing
which it shall be liable to pay interest @ 7.5 % on the additional
sum of Rs.9,00,000/- till payment. Upon depositing the aforesaid
amount of Rs.9,00,000/- by the appellant-Insurance Company
before the learned Tribunal, the same shall be disbursed to the
respondent claimants No.2, 3 & 4 immediately and the entire
claim of the claimants shall be deemed to be satisfied.
B - The impugned judgment/award dated 14.11.2013 be treated
as modified as in the aforesaid terms.
Accordingly, the present appeal stands disposed of.
Record of the Tribunal, received if any, be sent back.
(MANOJ KUMAR GARG),J
155-MS/-
Powered by TCPDF (www.tcpdf.org)
