Reliance Genral Insurance ... vs Lrs Of Lalu Ram And Ors
2022 Latest Caselaw 3049 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No.120/2017

Reliance General Insurance Company Limited through Regional Manager, 6th Floor, Man Upasana Tower, Sardar Patel Marg, "C" Scheme Jaipur.

----Appellant Versus Lalu Ram S/o Late Chatara Ji Dangi, deceased through its legal representative:-

1. Smt. Moti Bai W/o Late Lalu Ram Dangi, aged about 44 years,

2. Ramlal S/o Late Lalu Ram Dangi, aged about 23 years,

3. Smt. Laxmi D/o Late Lalu Ram Dangi, aged about 21 years, All are R/o Village Bhensara Kallan, Tehsil Girawa, District Udaipur. (Claimants)

4. Yash S/o Ashok Jain, R/o Bawarla, 17/775, Kanchan Niwas, Uttari Ayar, Udaipur (Driver)

5. Amit S/o Kanhaiya Lal Tater, R/o Ward No.4, near Charbhuja Mandir, Fatahnagar, District Udaipur (Owner)

----Respondents

For Appellant(s) : Mr. TRS Sodha For Respondent : Mr. N.S. Khileri, for respondents No.1 to 3.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 25/02/2022 Instant misc. appeal has been filed by the appellant

Insurance Company against the judgment and award dated

11.11.2016 passed by learned Judge, Motor Accident Claims

Tribunal No.1, Udaipur whereby the learned Tribunal has awarded

a compensation of Rs.15,09,880/- in favour of the claimants.

During the pendency of the appeal, both the parties i.e.

Insurance Company and claimants have mutually settled the

(2 of 2)

amount of compensation and pray to dispose of the appeal in the

spirit of Lok Adalat in the following terms of settlement:

A- Out of the total compensation Rs.15,09,880/- payable

with interest @ 8.5% per annum passed by the Tribunal by

impugned judgment and award dated 11.11.2016, the Insurance

Company has paid Rs.12,00,000/- to the claimants which have

already been disbursed/received by the claimants. Over and above

to the amount of Rs.12,00,000/- already paid to the claimants,

the Insurance Company would pay additional compensation of Rs.

4,50,000/- as lump-sump to the claimants within a period of two

months from today, failing which shall be liable to pay interest @

7% 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.4,50,000/- 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 11.11.2016 be

treated as modified as per aforesaid terms of settlement.

With the aforesaid terms of settlement, the present appeal

stand disposed of. The stay application is also disposed of.

Record of the Tribunal received, if any, be sent back.

(MANOJ KUMAR GARG),J

124-Ishan/-

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