Geeta And Ors vs Bhagirath And Ors
2022 Latest Caselaw 2685 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 1108/2018

1.     Geeta W/o Late Chittar aged 70 years
2.     Mamta D/o Late Darbar aged 10 years
3.     Ramesh S/o Late Darbar, aged 8 years
       No.2 to 3 are minor Through Natural Guardian And Grand
       Mother Geeta W/o Late Chittar, Resident of Datrada
       Kalan, Tehsil and District Sheopur (M.P.)
                                                                  ----Appellants
                                   Versus
1.     Bhagirath S/o Ramlal Gurjar, Resident of 43, Upperli
       Dhani, Sirohi, Tehsil Amer, District Jaipur (Raj.) (Driver of
       Vehicle Pickup No. RJ-06/GA-4375 Pickup)
2.     Chittar Mal S/o Shri Chandram Gurjar, Resident of 73,
       Upperli Dhani, Sirohi, Tehsil Amer, District Jaipur (Raj.)
       (Owner Of Vehicle Pickup No. RJ-06/GA-4375 Pickup)
3.     Royal Sunderam Allianz Insurance Company Ltd., Branch
       Office, 611-6 Floor, Trimurti City Point, D-52, Ahinsa
       Circle Ashok Marg, C-Scheme, Jaipur (Raj.) (Insurance
       Company Of Vehicle Pickup No. RJ-06/GA-4375 Pickup)
                                                                ----Respondents

For Appellant(s) : Mr. Praveen Kumar Jain, Advocate For Respondent(s) : Mr. Chanderdeep Singh Jodha, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

30/03/2022

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

(2 of 2) [CMA-1108/2018]

dispute. They have submitted the compromise duly signed by the

counsel for the parties which reads as under:

"1. A lump-sum amount of Rs. 3,75,000/- (including interest) shall be paid to the claimant by insurance company by depositing the same before tribunal concerns within 6 weeks from today (date of compromise order) in full and final settlement of appeal with claimant.

2. In case, the insurance company fails to deposit the said amount (Rs. 3,75,000/- within 6 weeks from today i.e. from date of compromise order, claimant shall be entitled for interest at 6% PA from the date of compromise order, till payment is made.

3. The appeal is agreed to be disposed of in terms of this 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

MR/Supp.2.

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