Citation : 2022 Latest Caselaw 2626 Raj/2
Judgement Date : 29 March, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No.2770/2012
1. Smt. Shravani alias Sarupi wife of Late Shri Kauri Lal alias
Kanwari Lal, aged 42 years
2. Ramkesh son of Late Shri Kauri Lal alias Kanwari Lal, aged 24
years
3. Mahendra Kumar son of Late Shri Kauri Lal alias Kanwari Lal,
aged 21 years
4. Hanuman Sahai son Late Shri Kauri Lal alias Kanwari Lal,
aged 19 years
5. Kum Seema daughter of Late Shri Kauri Lal alias Kanwari Lal,
aged 17 years
6. Kum. Kavita daughter Late Shri Kauri Lal alias Kanwari Lal,
aged 15 years
7. Dhanna Lal son of Late Shri Dolya alias Daula, aged 72 years
No. 5 and 6 minors through their natural guardian and mother
Smt. Shravani wife of Late Shri Kauri Lal ailas Kanwari Lal,
All residents of village Kalakho, Tehsil and District Dausa (Raj.)
---Claimants/Appellants
Versus
1. Girendra Singh son of Shri Mal Singh Rathaud, resident of 48,
Sundar Nagar, Chand Bihari Colony, Khatipura, Jaipur (Raj.) and
at present through power of Attorney Holder Shri Jai Chaudhari
son of Shri Phool Chand Chaudhari, resident of D-16,
Govindpura, Sodala, Jaipur (Driver).
2. M/s Om Sai Nath Car on rent Limited, 76, First Floor, Ganpati
Plaja, M.I. Road, Jaipur through power of Attorney Holder Shri
Jai Chaudhari son of Shri Phool Chand Chaudhari, resident of D-
16, Govindpura, Sodala Jaipur (Owner).
3. The Reliance General Insurance Company Limited, 405-408,
Chauthi Manjil, Green House, Ashok Marg, Near Ahinsa Circle, C-
Scheme, C-Scheme, Jaipur through Regional Manager.
----Non-Claimants-Respondents
(2 of 2) [CMA-2770/2012]
For Appellant(s) : Mr. Sandeep Mathur, Advocate
For Respondent(s) : Mr. Virendra Agarwal, 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:
"3. That the parties have entered into compromise and the claimants have given their free consent to compromise the matter for further enhancement of the compensation amount to the tune of Rs. 2,50,000/- (Rs. Two lacs fifty thousand only) in all which includes interest parts as well, meaning thereby the insurance company would make the payment of Rs.2,50,000/- (Rs. Two lacs fifty thousand only) in addition to the amount already paid by the insurance company within four weeks failing which it will carry interest @6% per annum form date of compromise till actual payment."
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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