Rajasthan High Court - Jodhpur
Smt. Kanchan Kunwar And Anr vs Ganeshram And Ors on 3 January, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil Misc. Appeal No.431/2018
1. Smt. Kanchan Kunwar W/o Dasrath Singh, aged -50 years,
2. Shri Dashrath Singh S/o Achal singh, aged 53 years,
Both By caste - Rajpurt, r/o Jakhora, Tehsil - Sumerlpur,
District-Pali (Rajasthan).
----Appellant
Versus
1. Ganeshram S/o Genaram, by caste-Meghwal, resident of
Vedana Khurd, Tehsil-Ahore, District-Jalore (Raj.)
2. Champalal S/o Chunnilal Mali, resident of Vedana Khurd,
Tehsil-Ahore, District-Jalore (Raj.)
3. Mahendra Kumar S/o Champalal, by caste-Mali, resident of
Vedana Khurd, Tehsil-Ahore, District Jalore (Raj.)
4. Sriram General Insurance Company Limited through Manager,
E/8 RIICO Industrial Area, Jaipur.
5. Dhan Singh S/o Dasrath Singh, by caste-Rajput, R/o Jakhora
Tehsil-Sumerpur, Distt. Pali (Raj.)
6. Divisional Manager, National Insurance Company Limited,
Behind Old Bus Stand, Pali.
----Respondents
Connected
S.B.Civil Misc. Appeal No.1504/2017
Shriram General Insurance Co. Ltd. Through Manager, E-8,
RIICO Industrial Area, Jaipur (Raj.)
(Insurer of Tractor No. RJ-16-R-4647)
----Appellant
Versus
1. Smt. Kanchan Kunwar W/o Dashrath Singh Ji, Aged About 45
Years
2. Shri Dashrath Singh S/o Achal Singh Ji, Aged About 48 Years,
Both B/c Rajput, R/o Jakhoda, Tehsil Sumerpur, District Pali
(Raj.)
3. Ganesh Ram S/o Gena Ram Ji, Aged About 48 Years, B/c
(2 of 3) [CMA-431/2018]
Meghwal, R/o Vedana Khurd, Tehsil Aahor, District Jalore (Raj.)
(Driver of Tractor No. RJ-16-R-4647)
4. Champa Lal S/o Chunni Lal Ji, B/c Mali, R/o Vedana Kalan,
Tehsil Aahor, District Jalore (Raj.)
(Owner of Tractor No. RJ-16-R-4647)
5. Mahendra Kumar S/o Champa Lal Ji, B/c Mali R/o Vedana
Kalan, Tehsil Aahor, District Jalore (Raj.)
(Owner of Tractor No. RJ-16-R-4647)
6. Dhan Singh S/o Dashrath Singh Ji, B/c Rajput, R/o Jakhoda,
Tehsil Sumerpur, District Pali (Raj.)
(Owner of Motor Cycle)
7. Regional Manager, National Insurance Company Ltd., R/o
Behind Old Bus Stand, Pali (Raj.)
(Insurer of Motor Cycle)
----Respondents
For Appellant(s) : Mr.Vishal Singhal, Adv. for Shriram
GIC Ltd.
For Respondent(s) : Mr.Ravi Panwar, Adv. for the claimants
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
03/01/2022
During the course of hearing of these appeals, the Shriram
General Insurance Co. Ltd. and the 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.11,08,160/- payable with
interest @ 7% per annum passed by the Tribunal vide
impugned judgment and award dated 07.03.2017, the
Insurance Company has paid Rs.7,50,000/- with interest to
the claimants, which have already been disbursed/received
(3 of 3) [CMA-431/2018]
by the claimants. Over and above to the amount of
Rs.7,50,000/- already paid to the claimants, the Insurance
Company would pay additional compensation of Rs.
4,50,000/- 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 07.03.2017 be treated
as modified as per terms of settlement.
C- The amount so deposited by the Insurance Company shall be
deposited in the Saving Account of the claimant.
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 be sent back immediately.
(MANOJ KUMAR GARG),J
C-1 & 5 NK/-
Powered by TCPDF (www.tcpdf.org)
