Rajasthan High Court - Jodhpur
Smt. Chuki Devi And Anr vs Pabu Ram And Ors. (2023:Rj-Jd:44657) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44657]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 823/2015
B.m. Shriram General Ins. Co. Ltd.
----Appellant
Versus
Smt. Chuki Devi And Ors.
----Respondent
Connected With
S.B. Civil Misc. Appeal No. 1257/2015
Smt. Chuki Devi And Anr.
----Appellant
Versus
Pabu Ram And Ors.
----Respondent
For Appellant(s) : Mr. Vishal Singhal for
Insurance Company.
For Respondent(s) : Mr. B.L. Bhati.
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 appeals have been
permitted to be listed today.
2. The present two civil misc. appeals arise out of the award
dated 26.02.2015 passed in MAC Case No.299/2014 (95/2013) by
learned Motor Accident Claims Tribunal, Nagaur.
3. A memorandum of settlement as signed by both the counsels
for Insurance Company as well as the claimants has been filed,
[2023:RJ-JD:44657] (2 of 3) [CMA-823/2015]
which is taken on record. It has been submitted that out of
Rs.20,00,000/- as awarded by the Learned Tribunal, an amount of
Rs.12,00,000/- as directed vide interim order dated 08.05.2015
has been deposited by the Insurance Company and the same has
even been disbursed to the claimants-respondents. Now, it has
been settled between the parties that a further sum of
Rs.9,50,000/- 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.9,50,000/- as a full and final settlement of the
case. The amount so agreed shall be deposited by 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 of compensation be disbursed/deposited in terms
of the award in the saving bank account of the claimants-
respondents. The impugned judgment/award dated 26.02.2015
passed by MACT, Nagaur in MAC Case No.299/2014 (95/2013) is
modified accordingly.
6. In view of the above, both the appeals are disposed of.
7. Stay petition also stands disposed of.
[2023:RJ-JD:44657] (3 of 3) [CMA-823/2015]
8. Office is directed to send back the record, if any, forthwith.
(REKHA BORANA),J
521-522-sumer/-
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