Chhoga Ram vs Updesh Kumar And Ors. ...
2023 Latest Caselaw 10931 Raj

Rajasthan High Court - Jodhpur

Chhoga Ram vs Updesh Kumar And Ors. ... on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44441]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Misc. Appeal No. 428/2014

Shriram General Insurance Co. Ltd.
                                                                        ----Appellant
                                        Versus
Chhoga Ram And Ors.
                                                                     ----Respondents
                                          with


                     S.B. Civil Misc. Appeal No. 481/2014

 Chhoga Ram
                                                                        ----Appellant
                                        Versus
 Updesh Kumar And Ors.
                                                                     ----Respondents


For Appellant(s)              :     Mr. Jagdish Vyas for Shriram General
                                    Insurance Company Ltd.
For Respondent(s)             :     Mr. S.K. Sankhla for claimant
                                    Mr. Aditya Singhi, for Oriental
                                    Insurance Company



              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:44441] (2 of 3) [CMA-428/2014]

2. The present appeals arise out of the impugned award dated

17.12.2013 passed by the Motor Accident Claims Tribunal (First),

Jodhpur in MAC Case No.557/2010. Vide the appeal

(No.428/2014) preferred by Shriram General Insurance Company

limited, the quantum of the compensation and the finding on issue

of negligence has been challenged. Vide the appeal (no.481/2014)

preferred by the claimant, the prayer for enhancement of the

compensation has been made.

A settlement vide memorandum of understanding has been

entered into between the claimant and the Insurance Company -

Shriram General Insurance Company Limited. In terms of the

settlement, it has been agreed that the Insurance Company shall

withdraw its appeal being S.B. Civil Misc. Appeal No. 428/2014.

However, the Insurance Company has agreed to pay further a sum

of Rs.6,00,000/- in addition to the amount already awarded by the

learned Tribunal to the claimant as full and final settlement of the

case. The said memorandum of understanding is taken on record.

3. In terms of the settlement entered into between the parties

S.B. Civil Misc. Appeal No.428/2014 is dismissed as withdrawn.

4. In view of the above and in the spirit of Lok Adalat, the

compensation amount as awarded by the impugned judgment

dated 17.12.2013 is further enhanced by Rs.6,00,000/- in favour

of the claimant as a full and final settlement of the case. The

amount so agreed shall be deposited by the Insurance Company-

Shriram General Insurance Company Limited with the learned

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

[2023:RJ-JD:44441] (3 of 3) [CMA-428/2014]

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

saving bank account of the claimant. The impugned

judgment/award dated 17.12.2013 passed by MACT (First),

Jodhpur in MAC Case No.557/2010 is modified accordingly.

6. In view of the above, the appeal No.481/2014 is also

disposed of.

7. The stay application and the pending application, if any, also

stand disposed of.

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

(REKHA BORANA),J 516&517-devanshi/vij/-

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