The New India Assurance Co. Ltd vs Sushmita Sen (2023:Rj-Jd:41563)
2023 Latest Caselaw 10293 Raj

Citation : 2023 Latest Caselaw 10293 Raj
Judgement Date : 1 December, 2023

Rajasthan High Court - Jodhpur

The New India Assurance Co. Ltd vs Sushmita Sen (2023:Rj-Jd:41563) on 1 December, 2023

Author: Yogendra Kumar Purohit

Bench: Yogendra Kumar Purohit

[2023:RJ-JD:41563]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1627/2023

The New India Assurance Co. Ltd., Through Incharge T.P. Claims
Hub, 1St Floor, Abhay Chambers, Jalori Gate, Jodhpur. (Insurer
Of Bolero No. RJ 16 TA 0599)
                                                                     ----Appellant
                                     Versus


1.       Sushmita Sen W/o Late Shravan Kumar, Aged About 38
         Years, R/o Of Behind Rani Satti Temple, Ward No. 29,
         Laxmangarh, District Sikar (Rajasthan).
2.       Sonia Sen D/o Late Shravan Kumar, Aged About 19 Years,
         R/o    Of   Behind     Rani      Satti     Temple,       Ward   No.   29,
         Laxmangarh, District Sikar (Rajasthan).
3.       Shubham Sen S/o Late Shravan Kumar, Aged About 17
         Years, Minor Through Their Natural Guardian Mother Smt.
         Sushmita Sen, R/o Of Behind Rani Satti Temple, Ward No.
         29, Laxmangarh, District Sikar (Rajasthan).
4.       Neeraj Sen S/o Late Shravan Kumar, Aged About 14
         Years, Minor Through Their Natural Guardian Mother Smt.
         Sushmita Sen, R/o Of Behind Rani Satti Temple, Ward No.
         29, Laxmangarh, District Sikar (Rajasthan).
5.       Ramesh      S/o    Akha       Ram,       By     Caste     Meghwal,    R/o
         Meghwalon Ka Mohalla, Jata Vas , Police Station Lohawat,
         District Jodhpur. (Driver Actul Owner Of Bolero No. RJ 16
         TA 0599)
6.       Devi Singh S/o Nathu Singh, R/o Village Dantal,l Sub
         Division Bhiyana, Dist. Jaisalmer (Rajasthan) (Registered
         Owner Of Bolero No. RJ 16 TA 0599)
7.       Samant Khan S/o Halim Khan, By Caste Muslim Resident
         Of Village Khokha, Sub Division Bagoda, Dist. Jalore
         (Rajasthan) (Insured Of Bolero No. RJ 16 TA 0599)
                                                                  ----Respondents



For Appellant(s)           :     Mr. Rishi Chouhan
For Respondent(s)          :     Mr. Mudit Vaishnav




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 [2023:RJ-JD:41563]                   (2 of 3)                    [CMA-1627/2023]


     HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Judgment

01/12/2023

1. Mr. Mudit Vaishnav, learned counsel puts in appearance on

behalf of the respondents-claimants.

2. Heard.

3. For the reasons mentioned in the application under Section 5

of the Limitation Act, the same is allowed and the delay of 17 days

occurred in filing of the appeal is condoned.

4. The judgment and award dated 29.05.2023 passed by

learned Judge, Industrial Disputes Tribunal, Labour Court and

Motor Accident Claims Tribunal, Jodhpur (for short "the Tribunal"

hereinafter) in Claim Case No. 335/2021 (155/2018) awarding

compensation of Rs. 92,74,840/- with interest @ 6% p.a. from the

date of filing of the claim petition and @ 9% from the date of

decision till realization, is under challenge in this appeal filed by

appellant insurance company.

5. It is submitted by learned counsel for the parties i.e. the

appellant and the claimant-respondents that the parties have

agreed mutually to settle the matter at Rs. 68,40,380/- with

interest as awarded by the Tribunal, as a full and final settlement

of the claim and the said agreed amount with interest shall be

paid by the appellant insurance company to the respondent-

claimants within a period of two months and accordingly, the

impugned award may be modified and the appeal may be

disposed of.

[2023:RJ-JD:41563] (3 of 3) [CMA-1627/2023]

6. Learned counsel the parties have also produced before this

Court a Calculation Sheet in this regard duly signed by counsel for

the parties, which is taken on record.

7. In view of settlement arrived at between the appellant-

Insurance Company and the respondents- claimants, with the

consent of learned counsel for the parties, this appeal is disposed

of in following terms:

The appellant-Insurance Company shall pay to the

respondents-claimants a sum of Rs. 68,40,380/- with interest as

awarded by the Tribunal as a full and final settlement of the claim,

which shall be deposited by the appellant- Insurance Company

with the Tribunal within a period of two months from today. On

deposit of the amount as aforesaid, the same shall be disbursed to

the respondents-claimants proportionately in accordance with the

award.

8. The award impugned dated 29.05.2023 passed by learned

Judge, Industrial Disputes Tribunal, Labour Court and Motor

Accident Claims Tribunal, Jodhpur in Claim Case No. 335/2021

(155/2018) is modified accordingly. Stay application also stands

disposed of.

(YOGENDRA KUMAR PUROHIT),J 45-RP/-