Rajasthan High Court - Jodhpur
Icici Lombard General Insurance Co. Ltd vs Smt. Kamla Bai And Ors. ... on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44393]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1589/2018
ICICI Lombard General Insurance Co. Ltd.
----Appellant
Versus
Smt. Kamla Bai and Ors.
----Respondents
Connected With
S.B. Cross Objection (Civil) No. 140/2019
Smt. Kamla Bai and Others
----Cross Objectors/claimants
Versus
ICICI Lombard General Insurance Co. Ltd. And others
----Insurer/Appellant
For Appellant(s) : Mr. Vinay Kothari for Insurance
Company
Mr. Neeraj Bajaj, Legal Manager,
ICICI Lombard Gerenal Ins. Com. Ltd.
(present in person)
For Respondent(s) : Mr. Manish Pitaliya 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 matters have been
permitted to be listed today.
[2023:RJ-JD:44393] (2 of 3) [CMA-1589/2018]
2. The present appeal has been preferred against the Award
dated 22.02.2018 whereby the compensation to the tune of
Rs.10,44,736/- has been awarded in favour of the claimants.
3. Learned counsel for the appellant-Insurance Company
submits that the issue as raised by the Insurance Company before
the learned Tribunal regarding the driver not having a valid driving
license is no more pressed by the Insurance Company.
Cross objections in the present appeal have also been
preferred on behalf of the claimants.
4. Vide interim order dated 06.09.2018, the execution of the
award was stayed subject to the Insurance Company depositing
75% of the award amount with interest. Learned counsel for the
appellant submits that in pursuance to the said interim order, 75%
of the award amount along with interest, amounting to
Rs.11,32,601/-, has been deposited and the same has also been
disbursed to the claimants.
5. Now, the parties have entered into a compromise in the
spirit of Lok Adalat and the Insurance Company is ready to pay an
additional amount of Rs. 9,80,000/- to the claimants besides the
amount of Rs. 11,32,601/- as already paid. It has been agreed
that the said additional amount shall be deposited within a period
of two months. The memorandum of understanding as entered
into between the parties is taken on record.
6. 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 shall be entitled to a lump sum amount of
Rs.9,80,000/- as a full and final settlement of the case. The
amount so agreed shall be deposited by Insurance Company with
[2023:RJ-JD:44393] (3 of 3) [CMA-1589/2018]
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 22.02.2018 passed by MACT, Chittorgarh
in MAC Case No.70/2018 (88/2011) is modified accordingly.
7. In view of the above, the appeal and the cross objections are
disposed of.
8. Office is directed to send back the record, if any, forthwith.
9. The stay application and the pending applications, if any, also
stand disposed of.
(REKHA BORANA),J
493&494-devanshi/-
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