Ram Avatar Singh vs Munshi Khan And Ors. ...
2023 Latest Caselaw 10918 Raj

Rajasthan High Court - Jodhpur

Ram Avatar Singh vs Munshi Khan And Ors. ... on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44398]

    HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
            S.B. Civil Misc. Appeal No. 5368/2011
Ram Avatar Singh
                                                   ----Appellant
                             Versus
Munshi Khan And Ors.
                                               ----Respondents

For Appellant(s)           :     Mr. Sanjeev Beniwal for
                                 Mr. Mudit Vaishnav
For Respondent(s)          :     Mr. Jagdish Vyas
                                 Mr. Neeraj Bajaj, Legal Manager,
                                 ICICI Lombard General Ins. Co. 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 case has been made.

In view of the above request, the appeal has been permitted

to be listed today.

2. The present civil misc. appeal has been preferred by the

appellants seeking enhancement of the compensation amount as

awarded by judgment dated 09.09.2011 passed in MAC Case

No.149/2008 by learned Motor Accident Claims Tribunal, Parbatsar

whereby while partly allowing the claim petition as preferred by

the claimants, the Insurance Company has been exonerated from

the liability.

3. Learned counsel Mr. Jagdish Vyas puts in appearance for

respondent No.4-insurance company. Service on respondent Nos.1

to 3 is dispensed with at the risk of the appellant.

[2023:RJ-JD:44398] (2 of 2) [CMA-5368/2011]

4. Although vide the impugned award, the respondent-

insurance company was exonerated but vide the memorandum of

settlement as filed before this Court, liability has been accepted by

the insurance company and in terms of the memorandum of

settlement, it has been agreed that the insurance company shall

pay a sum of Rs.3,00,000/- towards the full and final settlement

of the claim to the appellant-claimant. The memorandum of

understanding/compromise entered into between the parties is

taken on record.

5. In view of the above and in terms of the settlement as

entered into between the parties and in spirit of lok adalat, it is

directed that the appellant/claimant shall be entitled to a lumpsum

amount of Rs.3,00,000/- as a full and final settlement of the case.

The amount so agreed shall be deposited by respondent No.4-

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 be disbursed/deposited in terms

of the award in the saving bank account of the claimant-appellant.

The impugned judgment/award dated 09.09.2011 passed by

MACT, Parbatsar in MAC Case No.149/2008 is modified

accordingly.

6. In view of the above, the appeal is disposed of.

7. Office is directed to send back the record forthwith.

(REKHA BORANA),J 470-T.Singh/Arun/-

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