Kamruddin And Another vs Nazir Mohammad And Others
2022 Latest Caselaw 2628 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1175/2011

   1. Kamruudin S/o Allahdin, aged about 43 years, Resident of
      Jamitpura, Panchayat Samiti Teleda, Distt. Bundi at present
      Resident of Aligarh, Distt. Tonk (Raj.)
   2. Shamim Bano W/o Kamruddin, Resident of Jamitpura,
      Panchayat Samiti Teleda, Distt. Bundi at present Resident
      of Aligarh, Distt. Tonk (Raj.)
                                                    ----Claimants-Appellants
                                   Versus
   1. Nazir Mohd. S/o Nazruddin, Resident of Jamitpura, Tehsil
      and Distt. Bundi (Raj.)
      (owner of Vehicle Truck No. RJ-21-G-1308)
   2. Reliance General Insurance Compnay Ltd., 570, Rekti Fire
      Naigam    Cross     Road,       Wadala         West,      Mumbai   40031
      (Insurance Company of Vehicle Truck No. RJ-21-G-1308)
                                            ----Non-claimant-Respondents

For Appellant(s) : Mr. Praveen Jain, Advocate For Insurance : Mr. Virendra Agrawal, Advocate Company

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

29/03/2022

Learned counsel for the parties submit that the parties have

entered into a compromise. They have submitted a copy of the

compromise duly signed by learned counsel for the parties, which

reads as under:-

"1. That the claimants have preferred the appeal being aggrieved by the award dated 27.10.2010 passed by Employee Compensation Tonk whereby the award has been passed for Rs. 3,63,019/- with interest.

2. That the insurance company has deposited the entire awarded amount with interest in compliance of

(2 of 2) [CMA-1175/2011]

the award dated 27.10.2010 which has been disbursed to the claimant.

3. That the parties have entered into compromise and the claimants have given their free consent to compromise the matter for further enhancement for the compensation amount to the tune of rs. 75,000/- in all which includes interest parts as well, meaning thereby the insurance company would make the payment of Rs. 75,000/- in addition to the amount already awarded by the learned tribunal within four weeks failing which it will carry interest @ 6% per annum from the date of compromise till actual payment."

They have prayed to disposed 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 dated

27.10.2010 passed by the Tribunal is modified, accordingly.

(PRAKASH GUPTA),J

Pooja /65

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