Babu Lal Saini vs Gulab Chand And Ors
2022 Latest Caselaw 3576 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No.3925/2015

1.Babu Lal Saini S/o Masta Ram Saini aged 37 years,
2. Smt. Sangeeta Saini W/o Babu Lal Saini aged 34 years
resident of Ward No.13, in front of Kanya Pathshala, Udaipurwati
Distt. Jhunjhunu. (Next Friend)
                                                    ----Appellants/Claimants
                                   Versus
1. Gulab Chand S/o Badri Prasad, aged 35 years, R/O Ward
No.08, Udaipurwati Distt. Jhunjhunu (Raj.)
                                                                           (Driver)
2. Radhyshyam S/o Shankar Lal aged 37, R/o Kuwa Indra Ram
Wala, Ward No.10, Udaipurwati Distt. Jhunjhunu (Raj.)
                                                                          (Owner)
3. ICICI Lombard General Insurance Company Limited, Regional
Office above PL Motors, Bhagwati Bhawan, MI Road, Jaipur (Raj.)
                                                                          (Insurer)
                               ---Respondents/Opp. Parties No.1 to 3.

For Appellant(s) : Mr. Ram Singh Rathore, Advocate For Respondent(s) : Mr. C.S. Jodha, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

06/05/2022

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-3925/2015]

"1. A lump-sum amount of Rs.19,25,000/- Ninety Lakh Twenty Five thousand (including interest) shall be paid to the claimants by insurance company by depositing the same before tribunal concerns within 8 weeks from today i.e. from date of compromise order in full and final settlement of appeal and award to the claimants. The award is modified to the extend that the compensation amount receivable to the claimants be modified to Rs.19,25,000/- Ninety Lakh Twenty Five thousand (including interest) instead of earlier award amount.

2. In case, the insurance company fails to deposit the said amount within 8 weeks from today i.e. from date of compromise order, claimants shall be entitled for interest at 6% PA from the date of compromise order, 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/MR/52

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