Shriram General Ins. Co. Ltd vs Ram Prasad And Ors
2022 Latest Caselaw 122 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Misc. Appeal No. 374/2015

1. Ramprasad S/o Banshi Lal, aged about 38 years

2. Miss Neelam W/o Ramprasad, age about 15 years (minor),

3. Gautam S/o Ramprasad, aged about 11 years, (minor),

4. Shivam S/o Ramprasad, aged about 09 years, (Minor),

Appellant No.2 to 4 are minors through their natural guardian father Ramprasad S/o Banshi Lal Suthar, all are by caste Suthar and all R/o Brahmno Ki Sareri, Tehsil Asind, District Bhilwara.

----Appellant Versus

1.Sanwar Lal S/o Mishri Lal Jat R/o Borda Bawariyan, P.S. Shahpura, District Bhilwara.

2. Jagdish S/o Ram Lal Jat, R/o Borda Bawariyan, P.S. Shahpura, District Bhilwara.

3. Shriram General Insurance Company Ltd. Jaipur, Through its Manager, E-8- E.P.I.P., RIICO, Sitapura, Jaipur.

And S.B. Civil Misc. Appeal No. 464/2015

Shriram General Insurance Co.Ltd., Jaipur through Manager, Shriram General Insurance Co. Ltd. Jaipur E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur.

Versus

1. Ram Prasad S/o Shri Banshi Lal, by caste Suthar, aged about 33 years,

2. Kumari Neelam D/o Shri Ram Prasad, by caste Suthar, aged about 10 years,

3. Gautam S/o Shri Ram Prasad, by caste Suthar, aged about 06 years,

4. Shivam S/o Shri Ram Prasad, by caste Suthar, aged about 04 years, (Respondents No.2 to 4 minor through father and natural guardian Shri Ram Prasad Suthar) AllR/o Brahmino Ki Sareri, Tehsil Aasind, District Bhilwara.

5. Sanwar Lal S/o Shri Mishri Lal, by caste Jat, aged about 27 years, R/o Borda Bawariyan, Thana Shahpura, District Bhilwara (Driver of offending vehicle)

(2 of 3)

6. Jagdish S/o Ram Lal, by caste Jat, aged about 30 years, R/o Borda Bawariyan,Thana Shahpura, District Bhilwara (Owner of offending vehicle)

----Respondent

For Appellant(s) : Mr. Sameer Praeek on behalf of Mr. Manish Pitaliya For Respondent(s) : Mr. Vishal Singhal, for insurance company.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/01/2022

During the course of these appeals, the appellant Insurance

Company and the respondents claimants have mutually settled the

amount of compensation and pray to dispose of the appeal in

terms of settlement as hereunder:-

A- Out of the total compensation Rs.5,95,000/- payable with

interest @ 7% per annum passed by the Tribunal by impugned

judgment and award dated 12.11.2014, the insurance company

has paid Rs.5,95,000/- to the claimants which have already been

disbursed/received by the claimants. Over and above to the

amount of Rs.5,95,000/- already paid to the claimants, the

insurance company would pay additional compensation of Rs.

4,00,000/- as lump-sump to the claimants within a period of four

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

7.5 % on the additional amount till payment.

B - The impugned judgment/award dated 12.11.2014 be treated

as modified as per terms of settlement.

(3 of 3)

With the aforesaid terms of settlement, the present appeals

stand disposed of. The stay applications and other pending

applications, if any, are also disposed of.

Record of the trial Court received, if any, be sent back to the

Tribunal.

(MANOJ KUMAR GARG),J C4 & C6-Ishan/-

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