Shriram G.I.C.Ltd vs Smt.Sukhi And Ors. (2023:Rj-Jd:44409)
2023 Latest Caselaw 10916 Raj

Rajasthan High Court - Jodhpur

Shriram G.I.C.Ltd vs Smt.Sukhi And Ors. (2023:Rj-Jd:44409) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44409]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 2123/2011

Shriram G.i.c.ltd.
                                                                    ----Appellant
                                    Versus
Smt.sukhi And Ors.
                                                                 ----Respondents
                                      with


                 S.B. Civil Misc. Appeal No. 3936/2011

 Smt.sukhi And Ors.
                                                                   ----Appellants
                                    Versus
 Barkat Khan And Anr.
                                                                 ----Respondents


For Appellant(s)          :     Mr. Santosh Choudhary for Insurance
                                Company (in SBCMA No.2123/11)
                                Mr. Ayush Goyal for
                                Mr. Vinay Kothari (in SBCMA
                                No.3936/11)
For Respondent(s)         :     Mr. J.P. Bhardwaj for claimants



              HON'BLE MS. JUSTICE REKHA BORANA

Judgment

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:44409] (2 of 3) [CMA-2123/2011]

2. Both these appeals arise out of the impugned award dated

03.06.2011 passed by the Motor Accident Claims Tribunal

(Additional District Judge) Aburoad in Motor Accident Claim Case

No.80/2010. Vide the impugned award, the Insurance Company

had been held entitled to 'Pay & Recover' on the ground that the

driver did not possess the license for a transport category and

hence there was a breach of the condition of Insurance Policy.

3. Learned Counsel for the claimants submits that the issue has

now been settled in the matter of Mukund Dewangan Vs.

Oriental Insurance Company Limited; (2017)14 SCC 663,

and hence the liability to pay would be of Insurance-Company

only.

Counsel for the Insurance Company is not in a position to

refute the above position of law.

4. It has been submitted that a settlement has been entered

into between the Insurance Company and the claimants and vide

memorandum of understanding, it has been agreed that the

Insurance Company shall pay a further amount of Rs.5,00,000/-

to the claimants in addition to the amount already paid/deposited

within a period of two months.

5. Learned counsel for the parties, in the spirit of Lok Adalat,

have placed on record a memorandum of understanding/

compromise entered into between the parties, which is taken on

record.

6. In view of the above and in terms of settlement as entered

into between the parties and in spirit of Lok Adalat, it is directed

that now the claimants shall be entitled to a further lump sum

amount of Rs.5,00,000/- as a full and final settlement of the case.

[2023:RJ-JD:44409] (3 of 3) [CMA-2123/2011]

The amount so agreed shall be deposited by 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 agreed amount of

compensation be disbursed/deposited in terms of the award in the

saving bank account of the claimants. The impugned

judgment/award dated 03.06.2011 passed by MACT(ADJ),

Aburoad in MAC Case No.80/2010 is modified accordingly.

7. In view of the above, the appeals are disposed of.

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

(REKHA BORANA),J 507-508 devanshi/vij/-

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