Rajasthan High Court - Jodhpur
Reliance Genral Insurance ... vs Smt. Bhanwari Devi And Ors. ... on 8 November, 2023
Bench: Yogendra Kumar Purohit
[2023:RJ-JD:38601]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2766/2016
1. Smt. Bhanwari Devi, aged 52 years, R/o Ward No. 21
Tehsil- Road, Nokha, District- Bikaner Rajasthan.
2. Malchand S/o Late Bhagwan Das, R/o Ward No. 21 Tehsil-
Road, Nokha, District- Bikaner Rajasthan
----Appellants
Versus
1. Bhera Ram S/o Rekha Ram, R/o Behind Jain College, Gali
No. 5, Gangasher Bikaner Raj.
(Owner of the Vehicle RJ-07-TA-0482)
2. Mangaj Singh S/o Sh. Dhanne Singh, R/o Palana, P.s.
Deshnok, Tehsil- Deshnok, District- Bikaner (Raj.).
(Driver of the Vehicle RJ-07-TA-0482)
3. Reliance General Insurance Company Limited, Through
Branch Manager Reliance General Insurance Compa,
Branch Office Silvber, Rani Bazar, Bikaner (Raj.)
(Insurer of the Vehicle RJ-07-TA-0482)
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 92/2017
Reliance General Insurance Co. Ltd.,through Branch Manager,
Reliance General Insurance Co. Ltd., 1-2A, Branch Office Silver
Square, Rani Bazar, Bikaner.
----Appellant
Versus
1. Smt. Bhanwari Devi W/o Late Bhagwan Das, aged about
46 years, R/o Ward No.21, Tehsil Road Nokha, District-
Bikaner.
2. Mal Chand S/o Late Bhagwan Das, aged about 30 years,
R/o Ward No.21, Tehsil Road Nokha, District- Bikaner
3. Bhaira Ram S/o Rekha Ram, R/o Behind Jain College, Gali
No. 5, Gangashaher Bikaner Raj. (Owner Of Vehicle No.
RJ-07-TA-0482)
4. Mangez Singh S/o Shri Dhanne Singh, R/o Palana Police
Station, Deshnokh Tehsil And District- Bikaner (Driver Of
Vehicle No. RJ-07-TA-0482)
[2023:RJ-JD:38601] (2 of 3) [CMA-2766/2016]
----Respondents
For Respective : Mr. D.D.Chitlangi for claimants
Parties : Mr. Vishal Singhal for Insurance
Company-Reliance GIC Ltd.
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order/Judgment
08/11/2023
1. The Motor Accident Claims Tribunal, Bikaner vide judgment
and award dated 07.09.2016 passed in Claim Case No. 31/2010
"Smt. Bhanwari Devi & Anr. Vs. Bhaira Ram & Ors." awarded
compensation of Rs. 4,88,812/- with interest @ 7.5% per annum
in favour of the claimants, which is under challenge in these two
appeals preferred by the claimants and insurance company.
2. It is submitted by learned counsel for the parties that during
pendency of the appeal, the parties i.e. Insurance Company and
the claimants have compromised the matter and agreed mutually
to settle the matter at a lump sum amount of Rs. 4,00,000/-
which shall be paid by the Insurance Company to the claimants as
a full and final settlement of the claim in addition to the amount
already deposited/paid by the insurance company in compliance of
the interim stay order dated 16.01.2017 passed by this Court and
the appeals may be disposed of in terms of the compromise
arrived at between the parties.
3. Learned counsel for the parties have also produced before
the Court a Memorandum of Understanding in this regard duly
signed by counsel for the parties, which is taken on record.
[2023:RJ-JD:38601] (3 of 3) [CMA-2766/2016]
4. In view of settlement arrived at between the Insurance
Company and the claimants, with the consent of learned counsel
for the parties, these appeals are disposed of in following terms:
The Insurance Company-Reliance GIC Ltd. shall pay to the
claimants a sum of Rs. 4,00,000/- as lump sum amount in
addition to the amount of compensation already paid/deposited by
the Insurance Company in compliance of the interim order of this
Court, as a full and final settlement of the Claim Case. The agreed
amount shall be deposited by the Insurance Company with the
Tribunal within a period of two months from today, failing which,
interest @ 6% p.a. till payment shall be payable. On deposit of the
amount as aforesaid, the same shall be disbursed to the claimants
in accordance with law.
5. The award impugned dated 07.09.2016 passed by Motor
Accident Claims Tribunal, Bikaner in Claim Case No. 31/2010 is
modified accordingly. Stay application also stands disposed of.
Office is directed to send the record, if received, back to the
learned Tribunal forthwith.
(YOGENDRA KUMAR PUROHIT),J
253-254-RP/-
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