Icici Lombard General Insurance Co. Ltd vs Chunnilal (2023:Rj-Jd:44613)
2023 Latest Caselaw 10949 Raj

Rajasthan High Court - Jodhpur

Icici Lombard General Insurance Co. Ltd vs Chunnilal (2023:Rj-Jd:44613) on 18 December, 2023

Author: Rekha Borana

Bench: Rekha Borana

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Civil Misc. Appeal No. 1319/2019

Icici Lombard General Insurance Co. Ltd., Bank Tower, Bandra
Kurla Complex, Mumbai - 400051
                                                                     ----Appellant
                                     Versus
1.      Chunnilal S/o Lakharam, Aged About 52 Years, B/c
        Kumhar, R/o Gangapura, Tehsil Kolayat, District Bikaner.
2.      Pushpa W/o Chunnilal, Aged About 52 Years, B/c Kumhar,
        R/o Gangapura, Tehsil Kolayat, District Bikaner.
3.      Nirmala W/o Lt. Mukesh Kumar Dhawal, B/c Dhawal, R/o
        House No. 14, Chokhunti, Bikaner
4.      Kalawati W/o Mahesh Prakash, B/c Dhawal, R/o House
        No. 14, Chokhunti, Bikaner
5.      Mahesh     Prakash,       B/c     Dhawal,         R/o     House   No.   14,
        Chokhunti, Bikaner
                                                                  ----Respondents


For Appellant(s)           :     Mr. Ayush Goyal for
                                 Mr. Vinay Kothari.
For Respondent(s)          :     Mr. Harshvardhan Singh Rathore.
                                 Mr. Pravin Vyas.
                                 Mr. Neeraj Bajaj, Legal Manager,
                                 ICICI Lombard General Ins. Com. Ltd.
                                 (present in person)


         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 of 3) [CMA-1319/2019]

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

Insurance Company against the award dated 13.03.2019 passed

in MAC Case No.320/2015 by learned Motor Accident Claims

Tribunal, Bikaner.

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

Rs.7,82,758/- as awarded by the Learned Tribunal, an amount of

Rs.75,000/- has already 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.11,00,000/- 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.11,00,000/- 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 13.03.2019

passed by MACT, Bikaner in MAC Case No.320/2015 is modified

accordingly.

(3 of 3) [CMA-1319/2019]

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

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

(REKHA BORANA),J 541-sumer/-

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