Icici Lombard G.I.Co. Ltd vs Smt. Khushbu And Ors. ...
2023 Latest Caselaw 10944 Raj

Rajasthan High Court - Jodhpur

Icici Lombard G.I.Co. Ltd vs Smt. Khushbu And Ors. ... on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

[2023:RJ-JD:44408]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Misc. Appeal No. 716/2016

Icici Lombard G.i.co. Ltd.
                                                                        ----Appellant
                                        Versus
Smt. Khushbu And Ors.
                                                                      ----Respondent


For Appellant(s)              :     Mr. Ayush Goyal for Mr. Vinay Kothari.
                                    Mr. Neeraj Bajaj, Legal Manager,
                                    ICICI Lombard General Ins. Com. Ltd.
                                    (present in person).
For Respondent(s)             :     Mr. Madan Lal Purohit.



              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 appeal has been permitted

to be listed today.

2. The present civil misc. appeal has been preferred by the

appellant-Insurance Company against the award dated

28.01.2016 passed in MAC Case No.203/2014 by learned Motor

Accident Claims Tribunal, Rajsamand.

3. A memorandum of settlement as signed by both the counsels

for appellant-Insurance Company as well as respondents has been

filed, which is taken on record. It has been submitted that out of

[2023:RJ-JD:44408] (2 of 2) [CMA-716/2016]

Rs.16,93,000/- as awarded by the Learned Tribunal, an amount of

Rs.11,85,100/- as directed vide interim order dated 17.03.2016

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.3,00,000/- 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. 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.3,00,000/- as a full and final settlement of the

case. The amount so agreed shall be deposited by appellant-

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 28.01.2016 passed by MACT, Rajsamand in

MAC Case No.203/2014 is modified accordingly.

5. In view of the above, the appeal is disposed of.

6. Stay petition also stands disposed of.

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

(REKHA BORANA),J 526-sumer/-

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