Rajasthan High Court - Jodhpur
Dariya vs Bhera Ram And Ors. (2023:Rj-Jd:44414) on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44414]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1800/2017
Ramesh
----Appellant
Versus
Bebi Devi And Ors.
----Respondent
Connected With
S.B. Civil Misc. Appeal No. 2299/2015
Dariya
----Appellant
Versus
Bhera Ram And Ors.
----Respondent
S.B. Civil Misc. Appeal No. 2308/2015
Baby Devi And Ors.
----Appellant
Versus
Bheraram And Ors.
----Respondent
S.B. Civil Misc. Appeal No. 2381/2015
Bharti-Axa General Ins. Co. Ltd.
----Appellant
Versus
Babi Devi And Ors.
----Respondent
S.B. Civil Misc. Appeal No. 6/2016
Bharti-Axa General Ins. Co. Ltd.
----Appellant
Versus
Dariya And Ors.
----Respondent
S.B. Civil Misc. Appeal No. 1065/2017
Ramesh
----Appellant
Versus
Dariya And Ors.
----Respondent
For Appellant(s) : Mr. Ravi Panwar
For Respondent(s) : Mr. Santosh Choudhary
Mr. Bharat Singh
Mr. Manish Patel on behalf of
Mr. Aditya Singhi
Mr. Neeraj Bajaj, Legal Manager,
ICICI Lombard GIC Ltd.
(present in person)
(Downloaded on 22/12/2023 at 08:36:22 PM)
[2023:RJ-JD:44414] (2 of 3) [CMA-1800/2017]
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 appeal has been permitted
to be listed today.
2. The present six appeals arise out of the same
award/judgment dated 28.08.2015 passed in MAC Case
Nos.249/2013 & 250/2013 by learned Motor Accident Claims
Tribunal, Abu Road, District Sirohi, whereby the claim of the
claimants seeking compensation against the non-claimants was
partly allowed and they were held entitled to compensation of
Rs.11,500/- & Rs.11,52,250/- respectively with interest @6% per
annum.. Two appeals have been preferred by the owner of the
vehicle, two by the claimants and two by the Insurance Company.
Vide the impugned award/judgment, the insurance company had
been exonerated but has been directed to pay and recover.
3. Learned counsel for the claimant and insurance company, in
the spirit of lok adalat, have placed on record a memorandum of
understanding/compromise entered into between them which is
taken on record. It has been agreed by the insurance company
that it would take the liability of the owner/driver of the vehicle
and would not recover any amount from them.
[2023:RJ-JD:44414] (3 of 3) [CMA-1800/2017]
4. In view of the above and in terms of the settlement as
entered into between the parties and in spirit of lok adalat,
learned counsel for the parties have settled a further enhanced of
Rs.1,45,000/- in favour of the claimant-appellant in S.B. Civil
Misc. Appeal No.2299/2015 and Rs.6,00,000/- in favour of the
claimant-appellant in S.B. Civil Misc. Appeal No.2308/2015 as a
full and final settlement. 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 enhanced amount of compensation be disbursed/
deposited in terms of the award in the saving bank account of the
claimants. The impugned judgment/award dated 28.08.2015
passed by MACT, Abu Road, District Sirohi in MAC Case
Nos.249/2013 & 250/2013 is modified accordingly.
5. In view of the above, all the appeals are disposed of.
6. Stay petitions and all pending applications, if any, stand
disposed of.
7. Office is directed to send back the record forthwith.
(REKHA BORANA),J
472-477-T.Singh/Arun/-
Powered by TCPDF (www.tcpdf.org)
