Rajasthan High Court - Jodhpur
Icici Lombard General Ins. Co.Ltd vs Smt. Dariya Kanwar And Ors. ... on 18 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44411]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1831/2016
Icici Lombard General Ins. Co.ltd.
----Appellant
Versus
Smt. Dariya Kanwar And Ors.
----Respondent
AND
S.B. Civil Misc. Appeal No. 2089/2016
Smt. Dariya Kanwar And Ors.
----Appellant
Versus
Jawari Lal And Ors.
----Respondent
For Appellant(s) : Mr. Vinay Kothari
Mr. Neeraj Bajaj, Legal Manager,
ICICI Lombard General Ins. Co. Ltd.
(present in person)
For Respondent(s) : Mr. Bharat Shrimali
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:44411] (2 of 3) [CMA-1831/2016]
2. Learned counsel for the Insurance Company submits that the
issue as raised by the Insurance Company regarding the driver not
having a valid driving license is not pressed by the Insurance
Company as now the parties have entered into settlement in the
spirit of Lok Adalat. Hence, the memorandum of understanding
containing terms of the settlement as submitted, is taken on
record.
3. In view of the submissions made, S.B. Civil Misc. Appeal
No.1831/2016 as preferred by the Insurance Company is
disposed of.
4. S.B. Civil Misc. Appeal No.2089/2016 has been preferred by
the appellants-claimants seeking enhancement of the
compensation amount as awarded by judgment dated 26.05.2016
passed in MAC Case No.80/2012 (1956/2014) by learned Motor
Accident Claims Tribunal-I, Jodhpur whereby the claim of the
appellants-claimants seeking compensation against the
respondents was partly allowed holding defendant No.3 also liable
to pay compensation of Rs.11,93,000/- with interest @8.5% per
annum.
5. Vide interim order dated 11.08.2016 passed in S.B. Civil
Misc. Appeal No.1831/2016, the execution of the award was
stayed subject to the Insurance Company depositing a sum of
Rs.7,50,000/- of the impugned award with interest.
6. Now, a memorandum of settlement as signed by both the
counsels for Insurance Company as well as claimants has been
filed, which has already been taken on record. It has been
submitted that out of Rs.11,93,000/- as awarded by the Learned
Tribunal, an amount of Rs.10,01,254/- as directed vide interim
[2023:RJ-JD:44411] (3 of 3) [CMA-1831/2016]
order dated 11.08.2016, 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.7,40,000/- 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.
7. 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.7,40,000/- 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. The impugned
judgment/award dated 26.05.2016 passed by MACT-I, Jodhpur in
MAC Case No.80/2012 (1956/2014) is modified accordingly.
8. In view of the above, S.B. Civil Misc. Appeal No.2089/2016 is
disposed of.
9. The stay application and the pending applications, if any, also
stand disposed of.
10. Office is directed to send back the record, if any, forthwith.
(REKHA BORANA),J
527,471-T.Singh/Arun/-
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