Reliance G.I.C.Ltd vs Mohan Lal And Ors
2022 Latest Caselaw 11095 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 150/2013

Reliance General Insurance Co. Ltd. (Dhirubhai Ambani Group) through Branch officer Maker Tower Nityanand nagar Queens Road, Vaishali Nagar, Jaipur (Rajasthan) Insurance Company of Truck No.RJ-27-G9882.

Non-Petitioner-Appellant Versus

1. Mohan Lal S/o Vail Ji Suthar aged about 30 years R/o Vasundar Badi Tehsil Aaspur, District Dungarpur;

2. Smt. Santosh @ Sattu W/o Mohanlal Suthar aged about 27 years, R/o Vasundar Badi Tehsil Aaspur, District Dungarpur;

Petitioners-Respondents

3. Fateh Singh S/o Babar Singh, B/c Rajput, R/o Bambora Police Station Kurabad, Tehsil Girva District Udaipur (Raj.) (Driver of Truck No.RJ-27-G9882)

4. Nand Lal S/o Udailal Ji Ahir, R/o Jaitpura, Police Station Binder, Tehsil Vallab Nagar, District Udaipur (Raj.) (Owner of Truck No.RJ-27-G9882) Non-Petitioners-Respondents.

For Appellant(s)         :     Mr. Vishal Singhal
For Respondent(s)        :     Mr. Devendra Singh Chouhan



             HON'BLE MR. JUSTICE FARJAND ALI

                                Judgment

06/09/2022

1. This Misc. Appeal has been filed under Section 173 of the

Motor Vehicle Act, 1988 against the judgment dated 31.10.2012

passed by the learned Judge, Additional District & Sessions Judge

(Fast Track), Dungarpur, in MACT Claim Case No.282/2009

whereby the learned Additional District & Sessions Judge (Fast

Track), Dungarpur (hereinafter referred to as 'the Tribunal')

awarded compensation of Rs.6,05,000/- to the claimants-

(2 of 2) [CMA-150/2013]

respondents Nos 1 & 2 along with interest @ 9% per annum from

the date of filing of claim petition.

2. During the pendency of the instant appeal, appellant-

Insurance Company and respondents made sincere endeavor to

resolve the dispute by mutual agreement. After due deliberations,

rival parties have arrived at a compromise and agreed to settle

the matter amicably.

3. In terms of the settlement, appellant-Insurance Company

has agreed to pay a lump sum amount of Rs.3,00,000/- (Rs.

Three Lacs) to respondents No.1 & 2 within two months, in

addition to the amount already awarded by the Tribunal; the

amount so agreed shall be deposited by the appellant-Insurance

Company with the Tribunal within a period of two months from

today, failing which, the same shall carry interest @ 9% per

annum from the date of this order till actual realization. Both the

parties are agreeable to the conditions of the settlement,

therefore, the appeal deserved to be disposed of accordingly.

4. The appeal is disposed of with a direction to the appellant-

Insurance Company to deposit an agreed amount i.e.

Rs.3,00,000/-(Rs. Three Lacs) to respondents No.1 & 2 before the

learned Tribunal within a period of two months from today, failing

which, the same shall carry interest @ 9% per annum from the

date of this order till actual realization.

(FARJAND ALI),J 89-Mamta/-

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