Hemraj vs Reliance General Insurance Co. ...
2022 Latest Caselaw 11960 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1173/2019

Hemraj S/o Sh. Nathu Lal, Aged About 32 Years, B/c Regar, R/o Pander, Tehsil Jahazpur, District Bhilwara.

----Appellant Versus

1. Reliance General Insurance Co. Ltd., Through Its Divisional Office, Maker Tower, 2Nd Floor, Nityanad Nagar, 04-Queens Road, Vaishali Nagar,jaipur. (Insurer)

2. Sanwara Lal @ Sanwaria Bairwa S/o Ladu Lal Bairwa, R/o Fulnagar Pander, Tehsil Jahazpur, District Bhilwara. (Driver)

3. Dineshchandra Tambi S/o Chandmal Tambi, R/o Village -

Pander, Tehsil - Jahazpur, District Bhilwara. (Owner)

----Respondents

For Appellant(s) : Mr. Manish Kumar Pitaliya For Respondent(s) : Mr. Vishal Singhal

HON'BLE MR. JUSTICE FARJAND ALI

Judgment

28/09/2022

Learned counsel representing the parties have submitted a

Memorandum of Understanding as per which, the matter between

the parties has been mutually compromised in the spirit of Lok

Adalat and in addition to the amount of compensation already

awarded by the learned Tribunal to the claimant, a sum of

Rs.1,75,000/- is agreed to be paid by the respondent Insurance

Company to the claimants as enhanced compensation by way of a

full and final settlement of the case. As per the memo of

understanding, the enhanced amount of compensation shall be

deposited by the respondent No.1 Insurance Company with the

(2 of 2) [CMA-1173/2019]

Tribunal within two months from today. It is also agreed that the

Insurance Company does not dispute its joint and several liability

to indemnify the claim along with the owner and driver of the

offending vehicle.

The memo of understanding shall constitute a part of the

award.

Accordingly, the appeal deserves to be allowed in part in

terms of the undertaking furnished by the parties. The

compensation awarded by the learned MACT (Additional District

Judge), Shahpura, District Bhilwara in Claim Case No.78/2015 is

further enhanced by Rs.1,75,000/- in favour of the

claimant/appellant as a full and final settlement of the case. The

amount so agreed shall be deposited by the respondent Insurance

Company with the Tribunal within a period of two months from

today failing which, the same shall carry interest @ 7.5% per

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

enhanced amount of compensation shall be disbursed to the

claimants in terms of the award.

The impugned award dated 21.01.2019 passed by learned

MACT, Shahpura is modified accordingly.

The appeal is partly allowed in these terms.

(FARJAND ALI),J 103-Mamta/-

Powered by TCPDF (www.tcpdf.org)