Rajasthan High Court - Jodhpur
Mohar Singh vs Imrati Devi And Ors. ... on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44399]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 786/2011
Imrati Devi
----Appellant
Versus
Gopal Ram And Ors.
----Respondents
with
S.B. Civil Misc. Appeal No. 2067/2013
Mohar Singh
----Appellant
Versus
Imrati Devi And Ors.
----Respondents
For Appellant(s) : Mr. Mudit Vaishnav(in CMANo.786/11)
Mr. S.K. Sankhla(in CMANo.2067/13)
For Respondent(s) : Mr. Vasudeo Vyas for Insurance
Company
Mr. Neeraj Bajaj, Legal Manager,
ICICI Lombard GIC Ltd.
(present in person)
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:44399] (2 of 3) [CMA-786/2011]
2. Both these appeals arise out of the award dated 25.01.2011
passed by the Motor Accident Claims Tribunal, Churu in MAC case
No.28/2008. Vide the impugned award, while partly allowing the
claim petition as preferred by the claimants, the Insurance
Company was exonerated from its liability to pay the
compensation but has been directed to pay and recover.
Now, a settlement has been arrived into between the parties
in the spirit of Lok Adalat and a memorandum of understanding
has been filed before this Court jointly on behalf of the claimants,
owner and the Insurance Company, which is taken on record.
3. Learned counsel for the Insurance Company submits that the
the Insurance Company is ready to give up its recovery rights and
admits the exoneration to be bad. It is submitted that the
Insurance Company shall now deposit a sum of Rs.8,06,900/-
before the Tribunal within a period of two months toward the full
and final settlement of the claim.
4. In view of the settlement as entered into between the
parties, both these appeals are disposed of with the directions
that the Insurance Company shall deposit an amount of
Rs.8,06,900/- before the learned Tribunal within a period of two
months failing which, the same shall carry interest @ 7.5% per
annum from the date of this order till actual realization. On the
said amount being deposited, a sum of Rs.4,10,000/- be disbursed
to the claimant Smt. Imarti Devi and Rs.3,96,900/- shall be paid
to insured owner Mohar Singh from whom the said amount had
already been recovered by the Insurance Company. The impugned
judgment/award dated 25.01.2011 passed by the MACT, Churu in
MAC Case No.28/2008 is modified accordingly.
[2023:RJ-JD:44399] (3 of 3) [CMA-786/2011]
5. It is made clear that all the claims of the claimants as well
as the owner shall stand settled vide this order.
6. It is further made clear that the amount of Rs.25,000/-
deposited by owner Mohar Singh before the learned tribunal for
the purposes of issuance of the compensation certificate would
also be refunded to him on an application being filed for the said
purpose.
7. Office is directed to send back the record, if any, forthwith.
(REKHA BORANA),J
504&515-devanshi/-
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