Reliance General Ins. Co. Ltd vs Madan Lal I And Ors
2022 Latest Caselaw 12526 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1070/2017

Reliance General Insurance Company Limited Through Regional Manager, 6Th Floor, Man Upasana Tower, Sardar Patel Marg, "c" Scheme, Jaipur.

----Appellant Versus

1. Madan Lal S/o Late Shri Rama Ji, By Cast Loda, R/o Keerkheda Bhagwatpura, Post Hathiyana, Tehsil Kapasan, District Chittorgarh. Claimant

2. Bhagwati Prasad S/o Shri Ramchandra Ji Achaya, R/o Cot, Police Station Raipur, Tehsil Raipur, District Bhilwara. Driver

3. Ganesh Lal S/o Shri Roop Lal Ji Achaya, House No. - 136, Hiran Magari, Sector 9-A Block Lumbanagar, Udaipur, District Udaipur. Owner

----Respondents

For Appellant(s) : Mr. TRS Sodha For Respondent(s) : Mr. A.P. Singh

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

19/10/2022

The present appeal under Section 173 of the Motor Vehicles

Act, 1988 is preferred by the Insurer, Reliance General Insurance

Co. Ltd, against judgment and award dated 02.03.2017, passed

by Motor Accidents Claims Tribunal, Chittorgarh (for short,

'learned Tribunal'), in MACT Case No.274/2011, whereby the

learned Tribunal has awarded compensation to the tune of

Rs.2,10,000/- along with interest @ 9% per annum from the date

of filing of claim petition.

(2 of 2) [CMA-1070/2017]

Pending instant appeal, appellant-Insurer and respondent

made sincere endeavour to resolve the dispute by mutual oral

agreement. After threadbare deliberations, rival parties, in the

spirit of Lok Adalat, have agreed to settle the matter perpetually.

In terms of oral settlement, appellant-insurer has agreed to

pay respondent further lump sum amount of Rs.1,00,000/-

(Rupees One Lakh) within six weeks, in additional to the amount

already deposited by the Insurance Company in compliance of the

impugned award in favour of the respondent-claimant as a full and

final settlement of the case. The amount so agreed shall be

deposited by the appellant-Insurer with the Tribunal within a

period of two months from today, failing which the same shall

carry interest @ 7% per annum from the date of this order till

actual realization.

The enhanced amount of compensation be disbursed in

terms of the award in the saving bank account of the claimant.

The award impugned dated 02.03.2017 passed by Motor Accident

Claims Tribunal, Chittorgarh in MACT Case No.274/2011 is

modified accordingly.

Accordingly, the instant appeal is disposed of.

The Registry is directed to send back the record, if received,

forthwith.

(MADAN GOPAL VYAS),J 135-Bharti/-

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