Sharwan Lal vs Icici Lombard General Insurance ...
2023 Latest Caselaw 5472 Raj

[2023:RJ-JD:24373]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 937/2021

Sharwan Lal S/o Heera Lal Gurjar, Aged About 45 Years, R/o Thakuron Ka Mohalla, Ralayta, Tehsil Pholiya Kallan, District Bhilwara.

----Appellant Versus

1. ICICI Lombard General Insurance Company Ltd., Divisional Manager, Bhagwati Bhawan, Second Floor, Upper side of P.L. Motors, M.I. Road, Jaipur.

2. Faiz Mohammed S/o Ali Mohammed Bagwan, R/o Amargarh, Police Station Shkargarh, Tehsil Jhajpur, District Bhilwara.

----Respondents

For Appellant(s) : Mr. Nikhil Ajmera for Mr. Sandeep Saruparia For Respondent(s) : Mr. Jagdish Vyas

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Judgment / Order

01/08/2023

1. The Motor Accident Claims Tribunal No.1, Bhilwara vide

judgment and award dated 19.03.2021 in Claim Case

No.182/2018 passed an award of Rs. 1,66,550/- with interest @

6% per annum in favour of the appellant-claimant. Aggrieved by

the said judgment and award, the claimant has filed the instant

appeal. It is submitted that the compensation awarded by the

Tribunal is inadequate and same deserves to be enhanced.

2. Learned counsel appearing for the respondent-Insurance

Company has agreed to enhance the compensation amount by Rs.

90,000/- in addition to the amount already awarded by the

[2023:RJ-JD:24373] (2 of 2) [CMA-937/2021]

learned Tribunal vide the award impugned as a full and final

settlement of the claim case.

3. Learned counsel for the appellant-claimant is agreed to the

aforesaid proposal made by learned counsel appearing for the

Insurance Company.

4. In view of the aforesaid settlement arrived at between the

parties, this appeal is disposed of in following terms:

The respondent-Insurance Company shall pay the agreed

enhanced amount of Rs.90,000/- as lump-sum amount, in

addition to the compensation already awarded vide impugned

judgment and award dated 19.3.2021 passed in Claim Case No

182/2018 to the appellant-claimant as a full and final settlement

of the claim case. The enhanced amount shall be deposited by the

respondent- Insurance Company with the Tribunal within a period

of two months from today, failing which on the enhanced amount,

interest @ 6% from the date of enhancement till payment shall be

payable. On deposit of the amount as aforesaid, the same shall be

disbursed to the appellant-claimant in accordance with law.

5. The award impugned dated 19.3.2021 passed by Motor

Accident Claims Tribunal No.1, Bhilwara, in Claim Case No.

182/2018 is modified accordingly.

(YOGENDRA KUMAR PUROHIT),J

307-RP/-

Powered by TCPDF (www.tcpdf.org)