Rajasthan High Court
Shriram General Insurance ... vs Neelam W/O Late Vishnu on 11 January, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1747/2020
Shriram General Insurance Company Ltd., Having Its Registered
Office At E-8, Epip, Riico Industrial Ara, Sitapura, Jaipur 302022,
Through Its Constituent Attorney.
----Appellant
Versus
1. Neelam W/o Late Vishnu, Aged About 32 Years, R/o
Village- Mankra, P.s. Sepau, District- Dholpur, Rajasthan.
2. Kumari Radhika D/o Late Vishnu, Aged About 13 Years,
R/o Village- Mankra, P.s. Sepau, District- Dholpur,
Rajasthan.
3. Anuj S/o Late Vishnu, Aged About 11 Years, R/o Village-
Mankra, P.s. Sepau, District- Dholpur, Rajasthan.
4. Anurag S/o Late Vishnu, Aged About 8 Years, R/o Village-
Mankra, P.s. Sepau, District- Dholpur, Rajasthan.
5. Bankelal S/o Nabaw Singh, Aged About 61 Years,
Respondent/ Claimant No 2 To 4 Being Minor Represented
Through Natural Guardian Mother Neelam. R/o Village-
Mankra, P.s. Sepau, District- Dholpur, Rajasthan.
6. Vishabhar Dayal S/o Badan Singh, Aged About 26 Years,
R/o Village- Chahalpura, P.s. Kaulari, Tehsil- Sepau,
District- Dholpur, Rajasthan.
----Respondents
For Appellant(s) : Mr. Chandradeep Singh Jodha through
V.C.
For Respondent(s) : Mr. Dinesh Kumar Garg through V.C.
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
11/01/2022
This appeal has been filed by Insurance Company assailing
quantum of compensation of Rs.14,55,000/- awarded in favour of
respondents-claimants. The respondent-claimants, after service of
(2 of 3) [CMA-1747/2020]
notices, have appeared. With the spirit of National Lok Adalat,
both parties have mutually settled the quantum of compensation
and jointly submitted that present appeal may be disposed of and
impugned award dated 10.02.2020 may be modified on the
following terms as mutually agreed by both the parties:-
"a. Both parties admit that out of total compensation
amount of Rs.14,55,000/-, claimants have already
received 75% compensation amount with interest
during course of appeal.
b. Both parties admit that out of compensation
Rs.14,55,000/-, so deposited by Insurance Company
a lump-sum amount Rs.1,50,000/- be reduced and
released back to Insurance Company, and rest
amount of compensation be disbursed to claimants.
C. Both parties admit that as far as another amount
of compensation Rs.22,000/- payable to claimant-
Neelam shall remain intact.
d. Both parties admit that impugned judgment and
award dated 10.02.2020 be treated as modified in
the aforesaid terms of settlement and rest of the
terms of the judgment be maintained."
With aforesaid terms and conditions of settlement,
this appeal is disposed of and impugned award dated
10.02.2020 is modified accordingly.
Since, Insurance Company has deposited entire
amount of compensation of Rs.14,55,000/- with interest,
out of which an amount of Rs.1,50,000/- would be
released back to Insurance Company and remaining
amount, lying deposited before the Tribunal would be
disbursed to claimants. Other amount of Rs.22,000/-
payable to Neelam is not interfered and would be payable
to claimant-Neelam as it is. Except aforesaid reduction of
(3 of 3) [CMA-1747/2020]
an amount of Rs.1,50,000/-, the other terms of judgment
are maintained.
Accordingly, the appeal stands disposed of.
All other pending applications, if any, also stand
disposed of.
Record of this case be sent back to the Tribunal to
complete the proceedings of disbursement of
compensation.
(SUDESH BANSAL),J
TN/65
Powered by TCPDF (www.tcpdf.org)
