Rajasthan High Court - Jodhpur
Reliance Gen. Ins. Co. Ltd vs Smt. Tansukh And Ors on 25 February, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 954/2016
Reliance General Insurance Co. Ltd through Regional Manager,
6th Floor, Man Upasana Tower, Sardar Patel Marg, "C" Scheme
Jaipur.
----Appellant
Versus
1. Smt. Tansukh W/o Arjun Nath,
2. Arjun Nath S/o Shiv Nath,
Both are R/o Village Lakhagura, Tehsil Bheem, District
Rajsamand, At present R/o 11 Math Bhupalpura, Udaipur.
(Claimants)
3. Akhtar Khan S/o Yusuf Khan, R/o Jamaniya, Tehsil Jamaniya
District Gazipur. At present R/o Railway Godiya, Container
Railway Yard, Barodara. (Driver)
4. Managing Director, Dilesh Road Lines Pvt. Ltd., Plot No.28/1,
in front of Vasawa Petrol Pump Lal, National Highway No.8, Vapi,
District Balasad. (Owner)
For Appellant(s) : Mr. TRS Sodha
For Respondent(s) : Mr. NS Khileri
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
10.02.2016 passed by learned Judge, Motor Accident Claims
Tribunal No.2, Udaipur whereby the learned Tribunal has awarded
a compensation of Rs.10,92,500/- 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) [CMA-954/2016]
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.10,92,500/- payable
with interest @ 8% per annum passed by the Tribunal by
impugned judgment and award dated 10.02.2016, the Insurance
Company has paid Rs. 8,92,500/- to the claimants which have
already been disbursed/received by the claimants. Over and above
to the amount of Rs.8,92,500/- already paid to the claimants, the
Insurance Company would pay additional compensation of Rs.
3,00,000/- 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.3,00,000/- 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 10.02.2016 be treated
as modified as per aforesaid terms of settlement.
With the aforesaid terms of settlement, the present appeal
stands disposed of. The stay application is also disposed of.
Record of the Tribunal received, if any, be sent back.
(MANOJ KUMAR GARG),J
122-MS/-
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