I.C.I.C.I.Lombard G.I.C.Ltd vs Smt.Poni Devi And Ors. ...
2023 Latest Caselaw 10851 Raj

Rajasthan High Court - Jodhpur

I.C.I.C.I.Lombard G.I.C.Ltd vs Smt.Poni Devi And Ors. ... on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44397]



      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Misc. Appeal No. 63/2010

I.C.I.C.I. Lombard G.i.c.ltd.
                                                                       ----Appellant
                                       Versus
Smt. Poni Devi And Ors.
                                                                    ----Respondents
                                 Connected With
                     S.B. Civil Misc. Appeal No. 37/2010
Smt.poni Devi And Ors.
                                                                      ----Appellants
                                       Versus
Om Prakash And Ors.
                                                                    ----Respondents


For Appellant(s)             :     Mr. Jagdish Vyas for Insurance
                                   Company
For Respondent(s)            :     Mr. Mudit Vaishnav for claimants
                                   Mr. Neeraj Bajaj, Legal Manager,
                                   ICICI Lombard GIC Ltd.
                                   (present in person)



              HON'BLE MS. JUSTICE REKHA BORANA

Order

18/12/2023

1. A submission has been made by the learned counsel for the

parties that a compromise has been entered into between the

parties in the spirit of Lok Adalat and as the National Lok Adalat

scheduled to be held on 09.12.2023 has not been held, a

permission for listing the cases have been made.

In view of the above request, the appeals have been

permitted to be listed today.

[2023:RJ-JD:44397] (2 of 3) [CMA-63/2010]

2. A memorandum of understanding has been filed jointly by

both the counsels appearing for the Insurance Company as well as

the claimants with the submission that the Insurance Company

has agreed to withdraw its appeal (No.63/2010) and has further

agreed to pay enhanced amount of Rs.5,50,000/- to the claimants

in addition to the amount already awarded by the Tribunal as the

full and final settlement of the case. The memorandum of

understanding/compromise, as filed, is taken on record.

3. In view of the submissions made, S.B. Civil Misc. Appeal

No.63/2010 as preferred by the Insurance Company is dismissed

as withdrawn.

4. S.B. Civil Misc. Appeal No.37/2010 has been preferred by the

appellant(s) seeking enhancement of the compensation amount as

awarded by judgment dated 04.09.2009 passed in MAC Case

No.01/2008 by learned Motor Accident Claims Tribunal (ADJ),

Aburoad whereby the claim of the appellant(s) seeking

compensation against the respondents was partly allowed holding

defendant No.3 also liable to pay compensation of Rs.6,25,000/-

with interest @ 9% per annum.

5. In view of the compromise entered into between the parties

and in the spirit of Lok Adalat, the compensation amount as

awarded by the impugned judgment dated 04.09.2009 is further

enhanced by Rs.5,50,000/- in favour of the claimant(s)-

appellant(s) as a full and final settlement of the case. The amount

so agreed shall be deposited by respondent No.3-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

[2023:RJ-JD:44397] (3 of 3) [CMA-63/2010]

enhanced amount of compensation be disbursed/deposited in

terms of the award in the saving bank account of the claimant(s)-

appellant(s). The impugned judgment/award dated 04.09.2009

passed by MACT (ADJ), Aburoad in MAC Case No.01/2008 is

modified accordingly.

6. In view of the above, S.B. Civil Misc. Appeal No.37/2010 is

disposed of.

7. The stay application and the pending applications, if any, also

stand disposed of.

8. Office is directed to send back the record, if any, forthwith.

(REKHA BORANA),J 502&503-Vij/-

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