Citation : 2022 Latest Caselaw 651 Raj/2
Judgement Date : 25 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 4263/2016
Reliance General Insurance Company Ltd., Branch Office Alwar,
having it's Regional Office at Sixth Floor, Maan Upasana Tower,
Sardar Patel Marg, C-Scheme, Jaipur through it's Constituent
Attorney.
----Non-Claimant/Appellant
Versus
1. Siyaram S/o Shri Chiranjilal, aged about 37 years.
2. Smt. Santara W/o Siyaram aged about 34 years,
Both R/o Vill. Meena Ki Dhani, Saleta, Teh. Thanagazi, Distt.
Alwar.
---Claimants/Respondents
3. Akeel @ Hakka S/o Shri Naresh, R/o Salahedi, Police Station and Tehsil Noonth (Hariyana) (Driver of Truck No.HR-58-A-3210)
4. Preetpal Singh S/o Shri Balwant Singh, R/o House No.5, Vill. Farakhpur Jagdawari Workshop, Police Station Jagdawari, Distt. Yamunanagar (Hariyana) (Owner of Truck No.HR-58-A-3210)
----Non-Claimant/Respondents
For Appellant(s) : Mr. Virendra Agrawal, through VC For Respondent(s) : Mr. Manish Gupta, through VC
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
25/01/2022
This appeal has been filed by Insurance Company assailing
the quantum of compensation assessed in the claim case number
316/2012 in favour of respondents.
During the course of appeal, both parties have entered into
compromise and both parties have agreed to dispose of the appeal
and to modify the impugned award dated 12.05.2016 in following
terms:-
(2 of 2) [CMA-4263/2016]
"(a) Both parties admit that Insurance Company has deposited the entire amount of compensation with interest and out of which 50% has been disbursed to claimant and remaining 50% is lying in the FDR
(b) Both parties admit that out of 50% amount lying in FDR, the lump sum amount of Rs.30,000/- shall be deducted and released back to the Insurance Company and remaining deposit amount would be disbursed to claimants.
(c) Both parties admit that impugned award is modified in aforesaid terms and remaining terms be kept intact."
The memo of compromise incorporating aforesaid terms of
settlement has already been placed on record. Therefore, this
appeal is disposed of in terms of compromise mentioned above
and the impugned judgment and award dated 12.05.2016 stands
modified accordingly.
All pending applications, if any, also stand disposed of.
(SUDESH BANSAL),J
SAURABH/117
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