Dev Kishan And Anr vs Sanwar Lal And Ors
2022 Latest Caselaw 126 Raj

(1 of 2) [CMA-625/2015]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 625/2015

1. Dev Kishan S/o Ladu Lal Suthar, Aged 64 years,

2. Smt. Santok Devi W/o Dev Kishan Suthar, Aged 62 years, Both are R/o Opposite to Police Station, Shahpura, District Bhilwara.

(CLAIMANTS)

-----Appellants Versus

1. Sanwar Lal S/o Mishri Lal Jat, R/o Borda Bawariyan, PS Shahpura, District Bhilwara. (DRIVER)

2. Jagdish S/o Ram Lal Jat, R/o Borda Bawariya, PS Shahpura, District Bhilwara. (OWNER)

3. Shriram General Insurance Co. Ltd. Jaipur, through its Manager, E-8-E.P.I.P, RIICO, Sitapura, Jaipur. (INSURER)

----Respondents AND S.B. Civil Misc. Appeal No. 463/2015

Shriram General Insurance Co. Ltd. Jaipur, through its Manager, Shriram General Insurance Co. Ltd. Jaipur, E-8, E.P.I.P, RIICO Industrial Area, Sitapura, Jaipur. (INSURER)

-----Appellant Versus

1. Dev Kishan S/o Ladu Lal B/c Suthar, Aged 60 years,

2. Smt. Santok Devi W/o Dev Kishan B/c Suthar, Aged 58 years, Both are R/o Near Police Station Shahpura, District Bhilwara.

(CLAIMANTS)

3. Sanwar Lal S/o Shri Mishri Lal B/c Jat, Aged 27 years, R/o Borda Bawariyan, PS Shahpura, District Bhilwara. (DRIVER)

4. Jagdish S/o Ram Lal B/c Jat, Aged 30 years, R/o Borda Bawariya, PS Shahpura, District Bhilwara. (OWNER)

----Respondents

For Appellant(s) : Mr. Sameer Pareek for Mr. Manish Pitaliya For Respondent(s) : Mr. Vishal Singhal

(2 of 2) [CMA-625/2015]

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/01/2022

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

Insurance Company and claimants have mutually settled the

amount of compensation and pray to dispose of the appeals in

terms of settlement as hereunder:-

A- Out of the total compensation Rs.4,84,000/- 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. 4,25,000/- with interest to the claimants which have

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

to the amount of Rs. 4,25,000/- already paid to the claimants, the

Insurance Company would pay additional compensation of Rs.

1,00,000/- 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.

With the aforesaid terms of settlement, the present appeals

stand disposed of. The stay application and other pending

applications, if any, are also disposed of.

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

(MANOJ KUMAR GARG),J

MS/-

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