Citation : 2022 Latest Caselaw 2624 Raj/2
Judgement Date : 29 March, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No.3940/2018
Dilip Sinsinwar (Advocate) S/o Shri Shiv Ram Sinsinwar aged 42
years, R/o-C-14, Mahesh Nagar, Jaipur & Office - 112, Vinayak
Complex, Station Road, Jaipur.
Appellant-Claimant
Versus
1. Sandeep Bhatia S/o Shri Rajkumar, R/o - 262/193, Sector-26,
Pratap Nagar, Jaipur. (Driver & Owner Car No.RJ-14-CT-3928).
2. Reliance General Insurance Company Limited, through
Regional Manager, Regional Officer, Queens Road, Vaishali Nagar,
Jaipur.
(Policy No.2607080 17 296 Validity date 23.05.13 till
22.05.2014).
(Insurer of Car No.RJ-14-CT-3928).
....Respondents-Opp. Parties No.1&2.
For Appellant(s) : Mr. Ram Singh Rathore, Advocate For Respondent(s) : Mr. Rizwan Ahmed, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
29/03/2022 Heard learned counsel for the parties.
It is submitted by learned counsel for the
appellants/claimants (hereinafter referred to as "the claimants")
and respondent No.3/Insurance Company (hereinafter referred to
as "Insurance Company") that parties have amicably settled their
dispute. They have submitted the compromise duly signed by the
counsel for the parties, relevant part of which reads as under:
(2 of 2) [CMA-3940/20183]
"1. That the award dated 29.05.2018 passed by MACT No.1, Jaipur Metropolitan, Jaipur in Claim Case No.583/2014 Dilip Sinsinwar Vs Sandeep Bhatia & Ors is agreed to be enhanced by Rs.22,000/- (Twenty Two Thousand Only), as such, in addition to the original award already passed, the claimant is entitled for a lump sum amount of Rs.22,000/- (Twenty Two Thousand Only) towards full & final settlement of the claim. The said amount shall be deposited by the insurance company before the Tribunal concern within 6 weeks from the date of disposal of appeal in terms of this compromise. The Claimant shall not claim any other amount or interest on this amount.
2. In case, the insurance Company fails to deposit the said amount within 6 weeks from the date of disposal of appeal in terms of this compromise, the claimant shall be entitled for interest @ 6% PA after 6 weeks from the date of disposal of appeal in terms of compromise till payment is made."
They have prayed to dispose of the appeal in terms of
the compromise.
In view of the said compromise arrived at between the
parties, the civil miscellaneous appeal stands disposed of in terms
of the compromise. The impugned judgment and award passed by
the Tribunal is modified accordingly.
(PRAKASH GUPTA),J
KuD/77
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