Rajasthan High Court - Jodhpur
Manager, Reliance General Ins. ... vs Kava And Ors on 17 February, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1444/2015
Manager, Reliance General Insruance Co. Ltd, Maker Tower,
Nityanand Nagar, Vaishali Nagar, Queens Road, Jaipur (Insurer)
----Appellant
Versus
1. Kava S/o Bada, B/c Meena, Aged 42 years, (husband of
deceased)
2. Ramesh S/o Kava B/c Meena, Aged 22 years (Son of
Deceased)
3. Mahesh S/o Kava, B/c Meena, Aged 15 years (Son of
deceased)
4. Kumari Kishna D/o Kava, B/c Meena, Aged 14 years
(Daughter of deceased)
5. Kumari Kalpana D/o Kava, B/c Meena Aged 12 years
(daughter of deceased)
All R/o near Balwara Railway Phatak, Police Thana Bichhiwara,
District Dungarpur.
(Respondents NO.3 to 5 minor through their father and natural
guardian Kava S/o Baba, b/c Meena Aged 42 years, R/o near
Balwara Railway Phatak, Police Thana Bichhiwara, District
Dungarpur. (Claimants)
6. Balbeer Singh S/o Surjeet Singh B/c Gurjar R/o Makhhan
Majra, Post Bund thana Baddi, Tehsil Nalagarh, District Solan
(Himachal Paredesh)
7. Karnail Singh S/o Ashuram gurjar, R/o Makhhan Majra, Post
Bund thana Baddi, Tehsil Nalagarh, District Solan (Himachal
Pardesh)
----Respondents
CONNECTED WITH
S.B. Cross Objection (Civil) No. 23/2019
1. Kava S/o Bada, Aged 44years,
2. Ramesh S/o Kava, Aged 24 years
3. Mahesh S/o Kava, Aged 17 years
4. Kumari Kishna D/o Kava, Aged 16 years
5. Kumari Kalpana D/o Kava, Aged 14 years
All are by caste Meena and R/o near Balwada Railway Gate,
(2 of 3) [CMA-1444/2015]
Police Thana Bichhiwara, District Dungarpur.
(Cross Objectors No.3 to 5 are minor through their father cross
objector No.1 Shri Kava.
(Cross Objectors/Claimants)
1. Balbeer Singh S/o Surjeet Singh B/c Gurjar R/o Makhan
Majara, Post Bund, PS Badi, Tehsil Nalgarh, District Solan
(Himachal Paredesh)
2. Karnel Singh S/o Ashuram Gurjar, R/o Makhan Majara, Post
Bund, PS Badi, Tehsil Nalgarh, District Solan (Himachal
Pardesh)
3. Manager, Reliance General Insruance Co. Ltd, Branch Office
Maker Tower, Nityanand Nagar, Vaishali Nagar, Rani Road,
Jaipur
----Respondents
For Appellant(s) : Mr. Vishal Singhal
For Respondent(s) : Mr. Anuj Sahlot
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
17/02/2022
Instant misc. appeal and cross objection have been filed by
the Insurance Company and claimants respectively against the
judgment and award dated 04.06.2015 passed by learned Motor
Accident Claims Tribunal, Dungarpur whereby the learned Tribunal
has awarded a compensation of Rs.4,38,000/- in favour of the
claimants.
During the pendency of the appeals, the parties i.e.
Insurance Company and claimants have mutually settled the
amount of compensation and pray to dispose of the appeal and
cross objection in the spirit of Lok Adalat in the following terms of
settlement:
(3 of 3) [CMA-1444/2015]
A- Out of the total compensation Rs.4,38,000/- payable with
interest @ 9% per annum passed by the Tribunal by impugned
judgment and award dated 04.06.2015, the Insurance Company
has paid Rs. 3,00,000/- to the claimants which have already been
disbursed/received by the claimants. Over and above to the
amount of Rs.3,00,000/- already paid to the claimants, the
Insurance Company would pay additional compensation of Rs.
5,50,000/- as lump-sump to the claimants within a period of two
months from today, failing which shall be liable to pay interest @
9% per annum on the additional amount from the date of this
order till payment. The additional amount shall be deposited in the
saving account of the claimants, details of which shall be furnished
by the claimants before the Tribunal. Upon depositing the
aforesaid additional amount of Rs.5,50,000/- by the Insurance
Company, the same shall be disbursed to the claimants
immediately and the entire claim of the claimants shall be deemed
to be satisfied
B - The impugned judgment/award dated 04.06.2015 be treated
as modified as per aforesaid terms of settlement.
With the aforesaid terms of settlement, the present appeal
and cross objection stand disposed of. The stay application is also
disposed of.
Record of the Tribunal received, if any, be sent back.
(MANOJ KUMAR GARG),J
154-155-MS/-
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