Icici Lombard G.I.C.Ltd vs Smt.Neetu Bala And Ors. ...
2023 Latest Caselaw 10926 Raj

Rajasthan High Court - Jodhpur

Icici Lombard G.I.C.Ltd vs Smt.Neetu Bala And Ors. ... on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44682]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Misc. Appeal No. 972/2010

Icici Lombard G.i.c.ltd.
                                                                       ----Appellant
                                        Versus
Smt.neetu Bala And Ors.
                                                                     ----Respondent
                                  Connected With
                     S.B. Civil Misc. Appeal No. 112/2011
Smt.neetu Bala And Ors.
                                                                       ----Appellant
                                        Versus
Chatar Singh And Ors.
                                                                     ----Respondent


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



              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 has been made.

In view of the above request, the appeals have been

permitted to be listed today.

[2023:RJ-JD:44682] (2 of 3) [CMA-972/2010]

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.972/2010). The

memorandum of understanding/compromise as filed, is taken on

record.

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

No.972/2010 as preferred by the Insurance Company is

dismissed as withdrawn.

4. S.B. Civil Misc. Appeal No.112/2011 has been preferred by

the appellants seeking enhancement of the compensation amount

as awarded by judgment dated 19.08.2010 passed in MAC Case

No.324A/2008 by learned Motor Accident Claims Tribunal (First),

Jodhpur, whereby the claim of the appellants seeking

compensation against the respondents was partly allowed holding

defendant No.4 also liable to pay compensation of Rs.10,19,000/-

with interest @ 8.5% 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 19.08.2010 is further

enhanced by Rs.30,000/- in favour of the claimants-appellants 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 enhanced amount of

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

saving bank account of the claimants-appellants. The impugned

[2023:RJ-JD:44682] (3 of 3) [CMA-972/2010]

judgment/award dated 19.08.2010 passed by MACT (First),

Jodhpur in MAC Case No.324A/2008 is modified accordingly.

6. In view of the above, S.B. Civil Misc. Appeal No.112/2011 is

disposed of.

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

(REKHA BORANA),J 500-501-sumer/-

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