Rajasthan High Court - Jodhpur
Shriram General Insurance Co. Ltd vs Smt. Kabu And Ors. (2023:Rj-Jd:44629) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44629]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 3181/2017
Shriram General Insurance Co. Ltd., Regional Manager, E-8, Epip,
Riico Sitapura, Jaipur Insurer Jeep No. Rj-19-Ua-3352 From
09/11/2011 To 08/11/2012
----Appellant
Versus
1. Smt. Kabu W/o Late Shri Shri Mala Ram,
2. Kumari Urma D/o Late Shri Mala Ram
3. Kumari Radha D/o Late Shri Mala Ram Aged 6 Months
4. Smt. Naini Devi W/o Birsiga Ram
5. Birsiga Ram S/o Shri Kachhaba Ram, All B/c Vishnoi, R/o
Village Khabda Kalan, Tehsil Osian District Jodhpur.
Respondent No. 2 And 3 Minor Through Their Mother And
Natural Guardian Smt. Kabu Respondent No. 1
6. Pappu Ram S/o Shri Sohan Lal, B/c Harijan R/o Gram
Badla Basni Tehsil Osian, District Jodhpur. Driver Of Jeep
No. Rj-19-Ua-3352
7. Om Prakash S/o Shri Bhiyan Ram Ji, B/c Jat, R/o
Bhalasaria, Tehsil Osian, District Jodhpur. Owner Of Jeep
No. Rj-19-Ua-3352
----Respondents
For Appellant(s) : Mr. Vishal Singhal.
For Respondent(s) : Mr. S.K. Sankhla.
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.
[2023:RJ-JD:44629] (2 of 3) [CMA-3181/2017]
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
appellant-Insurance Company against the award dated
22.09.2017 passed in MAC Case No.347/2012 (NCV No.
244/2014) by learned Motor Accident Claims Tribunal First,
Jodhpur.
3. A memorandum of settlement as signed by both the counsels
for appellant-Insurance Company as well as respondents has been
filed, which is taken on record. It has been submitted on behalf of
the counsel for the appellant that in pursuance of the order dated
09.01.2018, an amount of Rs.7,50,000/- has already been
deposited by the Insurance Company and the same has been
disbursed to the claimants. Now, it has been settled between the
parties that a further sum of Rs.7,50,000/- towards the full and
final settlement of the claim shall be paid by the Insurance
Company to the claimants and the claimants shall relinquish the
remaining award amount, if any.
4. Learned counsel Mr. Vishal Singhal submits that he has been
authorized by the Insurance Company to enter into the
compromise in the spirit of Lok Adalat.
5. 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-respondents shall be entitled to a lump
sum amount of Rs.7,50,000/- as a full and final settlement of the
case. The amount so agreed shall be deposited by appellant-
Insurance Company with the Tribunal within a period of two
months from today failing which, the same shall carry interest
[2023:RJ-JD:44629] (3 of 3) [CMA-3181/2017]
@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-respondents. The impugned
judgment/award dated 22.09.2017 passed by MACT First, Jodhpur
in MAC Case No.347/2012 (NCV No. 244/2014) is modified
accordingly.
6. In view of the above, the appeal is disposed of.
7. Stay petition and all pending applications, if any, also stand
disposed of.
8. Office is directed to send back the record, if any, forthwith.
(REKHA BORANA),J
536-sumer/-
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