Shriram Gen. Ins. Co.Ltd vs Sh. Geharilal And Ors
2022 Latest Caselaw 284 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 318/2015

Shriram Genral Insurance Company Ltd., Branch Office- Udaipur having its Corporate Office at E-8, EPIP, RIICO, Sitapura, Jaipur, through its authorized representative.

----Appellant Versus

1. Sh. Geharilal S/o Sh. Bhooralal Menariya,

2. Smt. Hapuri Bai W/o Sh. Geharilal Menariya,

3. Smt. Daya W/o Late Bhagwatilal

4. Jeevanlal S/o Late Bhagwatilal (Minor)

5. Niraml S/o Late Bhagwatilal (Minor) Minors are represented through their natural guardian mother Smt. Daya.

All b/c Menariya Hirawat, R/o Village Kharsan, Tehsil Vallabhnagar, District Udaipur.

...Claimants.

6. Ghanshyam Ahir S/o Shri Banshilal, R/o Village Hingoriya, District Nimach (MP). (Owner)

7. Nathulal S/o Choutmal Ahir, R/o Village Hanmantiya, PS Bagana, District Nimach (MP). (Driver)

----Respondents

For Appellant(s) : Mr. Jagdish Vyas through VC For Respondent(s) : Mr. Deelip Kawadia through VC

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

05/01/2022

Instant misc. appeal has been filed by the appellant

Insurance Company against the judgment and award dated

18.12.2014 passed by learned Judge, Motor Accident Claims

Tribunal-I, Udaipur whereby the learned Tribunal has awarded a

compensation of Rs.11,37,000/- in favour of the claimants holding

the appellant-Insurance Company liable for the same.

(2 of 2) [CMA-318/2015]

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

appellant-Insurance Company and the claimants have mutually

settled the amount of compensation and pray to dispose of the

appeal in terms of memorandum of settlement dated 16.12.2021,

which is taken on record, as hereunder:-

A- Out of the total compensation of Rs.11,37,000/- payable in

terms of the award dated 12.11.2014, the appellant-Insurance

Company has already deposited Rs. 5,68,500/- with interest

before the learned Tribunal, which has already been

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

amount of Rs. 5,68,500/- already paid/disbursed to the claimants,

the appellant-Insurance Company shall deposit additional sum of

Rs. 8,00,000/- towards full and final settlement of the claim of the

claimants before the learned Tribunal within a period of two

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

@ 7.5 % on the additional sum of Rs.8,00,000/- till payment.

Upon depositing the aforesaid amount of Rs.8,00,000/- by the

appellant-Insurance Company before the learned Tribunal, 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 18.12.2014 be treated

as modified as per terms of memorandum of settlement.

With the aforesaid terms of memorandum of settlement, the

present appeal stands 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

66-MS/-

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