Smt. Prem And Ors vs Icici Lombard General Ins. Co. And ...
2022 Latest Caselaw 3817 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1649/2015

1. Smt. Prem W/o Late Sh. Uda Dhakad, aged about 52 years,

2. Narayan S/o Late Sh. Uda Dhakad, aged about 32 years,

3. Rameshwar S/o Sh. Uda Dhakad, aged about 25 years,

4. Raju S/o Late Sh. Uda Dhakad, aged about 15 years (Minor), Appellant No.4 is minor through his natural guardian mother Smt. Prem W/o Late Sh. Uda Dhakad, All are by caste Dhakad and R/o Bhagu Nagar, Tehsil Jahajpur, District Bhilwara.

----Appellants Versus

1. ICICI Lombard General Insurance Company Ltd. through its Manager, Herohonda Building, IInd Floor, 58-Panchwati, Udaipur.

2. Sanjay Kumar S/o Kailesh Chandra Jain R/o Village Mahua, Tehsil Mandalgarh, Distt. Bhilwara.

3. Durga Lal S/o Ladu Lal Kumharj (Prajapat) R/o Kotwal Ka Kheda, Tehsil Mandalgarh, Distt. Bhilwara.

----Respondents

For Appellant(s) : Mr. Manish Pitaliya For Respondent(s) : Mr. K.C. Sharma Mr. Bhagat Divedi Mr. Devendra Singh Choudhary for Vinay Kothari

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

10/03/2022

The present Misc. Appeal has been filed by the appellants-

claimants against the judgment and award dated 17.04.2015

(2 of 2) [CMA-1649/2015]

passed by the learned Motor Accident Claims Tribunal, Shahpura,

District Bhilwara, whereby the learned Tribunal has awarded a

compensation of Rs.5,33,400/- in favour of the appellants-

claimants.

During the pendency of the present appeal, both the parties

i.e. appellants-claimants and respondent-Insurance Company have

mutually settled the amount of compensation and pray to dispose

of the present appeal in terms of the memorandum of

understanding dated 02.03.2022, which is taken on record, as

hereunder:-

(A) In addition to the compensation of Rs. 5,33,400/- payable in

terms of the award dated 17.05.2015, the respondent-Insurance

Company shall deposit a sum of Rs.3,00,000/- before the learned

Tribunal within a period of two months from today, failing which it

shall be liable to pay interest @ 6% per annum. Upon depositing

the aforesaid amount by the respondents-Insurance Company

before the learned Tribunal, the same shall be disbursed to the

claimants-appellants immediately.

(B) The impugned judgment/award dated 17.04.2015 treated as

modified as per the memorandum of understanding.

With the aforesaid terms of memorandum of understanding

the present Misc. Appeal stands disposed of.

The stay application and other pending applications, if any,

are also disposed of.

Record of the Tribunal, if received, be sent back forthwith.

(MADAN GOPAL VYAS),J 49-CPGoyal/-

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