Rajasthan High Court - Jodhpur
Durasdan @ Dashrath Dan vs Hari Singh And Ors. (2025:Rj-Jd:1259) on 7 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:1259]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 4958/2011
Durasdan And Ors.
----Appellants
Versus
Mahendra Singh And Ors.
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 4979/2011
Durasdan And Ors.
----Appellants
Versus
Mahendra Singh And Ors.
----Respondents
S.B. Civil Misc. Appeal No. 2664/2017
Durasdan Alias Dashrath Dan, Son Of Shri Ganesh Dan, At
Present Resident Of 60, Balaji Nagar, Salavas Road, Near
Sangaria Bye- Pass Road, Jodhpur.
----Appellant
Versus
1. Hari Singh, Son Of Shri Jugat Singh, By Caste Rajput,
Resident Of Chak 12 Awd, Village Nachna, Tehsil Pokaran,
District Jaisalmer.
Owner
2. Mahendra Singh, Son Of Shri Narain Singh, By Caste Rajput,
Resident Of Village Balai, Tehsil Shiv, District Barmer.
Driver
3. ICICI Lombard General Insurance Company Limited,
Through Its Manager, 9A, 1B/iii, Gulinda Bhawan, Ratanada,
Jodhpur.
Insurer
----Respondents
For Appellant(s) : Mr. Sunil Bhandari for
Mr. Anil Bhandari
For Respondent(s) : Mr. Jagdish Vyas
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[2025:RJ-JD:1259] (2 of 6) [CMA-4958/2011]
HON'BLE MS. JUSTICE REKHA BORANA
Order
07/01/2025
In S.B. Civil Misc. Appeal No.4958/2011
1. The present civil misc. appeal has been preferred against the
judgment and award dated 29.08.2011 passed by Motor Accident
Claims Tribunal, Barmer in MAC Case No.154/2010 whereby while
passing an award of Rs.2,25,000/- with interest at the rate of 9%
per annum in favour of the claimants, the learned Tribunal
proceeded on to exonerate the respondent-Insurance Company
from the liability to pay the compensation.
2. Today, learned counsel for the appellants-claimants as well
as the Insurance Company jointly submitted a memo of
understanding/compromise with a submission that the matter has
been settled between the parties, which is taken on record.
3. Mr. Sanjay Singh, the Legal Manager of respondent-
Insurance Company has been authorised by the Insurance
Company to enter into the said compromise.
4. As per the settlement entered into between the parties, the
Insurance Company has admitted its liability to indemnify the
owner and to pay the compensation to the claimants. It has
further been settled that a lumpsum amount of Rs.6,39,000/-
shall be paid by the Insurance Company to the claimants as a full
and final settlement qua the award in question.
5. The claimants have also undertaken that the amount, if any,
received by them from the owner/driver in furtherance of the
Award, shall be returned/refunded back by them to the
owner/driver.
[2025:RJ-JD:1259] (3 of 6) [CMA-4958/2011]
6. Learned counsel for the appellant-claimants, on instructions,
waived the ground pertaining to non-grant of any
compensation/award to appellant No.3 (sibling of deceased) and
submitted that the complete enhanced amount be directed to be
paid to appellant-claimants Nos.1 & 2 i.e. parents of the deceased.
7. In view of the above and in terms of the settlement as
entered into between the parties and in spirit of Lok Adalat, it is
held that now the claimants shall be entitled to a lumpsum
amount of Rs.6,39,000/- 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 three months from today
failing which, the same shall carry interest @7.5% per annum
from the date of this order till actual realization. The lumpsum
amount of compensation be disbursed/deposited in terms of the
award in the saving bank account of the claimants-appellants.
8. The appeal is disposed of with the above observations.
9. Pending applications, if any, stand disposed of.
In S.B. Civil Misc. Appeal No.4979/2011
1. The present civil misc. appeal has been preferred against the
judgment and award dated 29.08.2011 passed by Motor Accident
Claims Tribunal, Barmer in MAC Case No.155/2010 whereby while
passing an award of Rs.1,80,000/- with interest at the rate of 9%
per annum in favour of the claimants, the learned Tribunal
proceeded on to exonerate the respondent-Insurance Company
from the liability to pay the compensation.
2. Today, learned counsel for the appellants-claimants as well
as the Insurance Company jointly submitted a memo of
[2025:RJ-JD:1259] (4 of 6) [CMA-4958/2011]
understanding/compromise with a submission that the matter has
been settled between the parties, which is taken on record.
3. Mr. Sanjay Singh, the Legal Manager of respondent-
Insurance Company has been authorised by the Insurance
Company to enter into the said compromise.
4. As per the settlement entered into between the parties, the
Insurance Company has admitted its liability to indemnify the
owner and to pay the compensation to the claimants. It has
further been settled that a lumpsum amount of Rs.6,03,000/-
shall be paid by the Insurance Company to the claimants as a full
and final settlement qua the award in question.
5. The claimants have also undertaken that the amount, if any,
received by them from the owner/driver in furtherance of the
Award, shall be returned/refunded back by them to the
owner/driver.
6. Learned counsel for the appellant-claimants, on instructions,
waived the ground pertaining to non-grant of any
compensation/award to appellant No.3 (sibling of deceased) and
submitted that the complete enhanced amount be directed to be
paid to appellant-claimants Nos.1 & 2 i.e. parents of the deceased.
7. In view of the above and in terms of the settlement as
entered into between the parties and in spirit of Lok Adalat, it is
held that now the claimants shall be entitled to a lumpsum
amount of Rs.6,03,000/- 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 three months from today
failing which, the same shall carry interest @7.5% per annum
from the date of this order till actual realization. The lumpsum
[2025:RJ-JD:1259] (5 of 6) [CMA-4958/2011]
amount of compensation be disbursed/deposited in terms of the
award in the saving bank account of the claimants-appellants.
8. Let the record be sent back to the learned Tribunal forthwith.
9. The appeal is disposed of with the above observations.
10. Pending applications, if any, stand disposed of.
In S.B. Civil Misc. Appeal No.2664/2017
1. The present civil misc. appeal has been preferred against the
judgment and award dated 14.07.2017 passed by Motor Accident
Claims Tribunal, Jodhpur Metro in MAC Case No.385/2014 (NCV
No.3164/2014) whereby while passing an award of Rs.77,188/-
with interest at the rate of 6% per annum in favour of the
claimant, the learned Tribunal proceeded on to exonerate the
respondent-Insurance Company from the liability to pay the
compensation.
2. Today, learned counsel for the appellant-claimant as well as
the Insurance Company jointly submitted a memo of
understanding/compromise with a submission that the matter has
been settled between the parties, which is taken on record.
3. Mr. Sanjay Singh, the Legal Manager of respondent-
Insurance Company has been authorised by the Insurance
Company to enter into the said compromise.
4. As per the settlement entered into between the parties, the
Insurance Company has admitted its liability to indemnify the
owner and to pay the compensation to the claimant. It has further
been settled that a lumpsum amount of Rs.1,20,000/- shall be
paid by the Insurance Company to the claimant as a full and final
settlement qua the award in question.
[2025:RJ-JD:1259] (6 of 6) [CMA-4958/2011]
5. The claimant has also undertaken that the amount, if any,
received by him from the owner/driver in furtherance of the
Award, shall be returned/refunded back by him to the
owner/driver.
6. In view of the above and in terms of the settlement as
entered into between the parties and in spirit of Lok Adalat, it is
held that now the claimant shall be entitled to a lumpsum amount
of Rs.1,20,000/- 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 three months from today failing
which, the same shall carry interest @7.5% per annum from the
date of this order till actual realization. The lumpsum amount of
compensation be disbursed/deposited in the saving bank account
of the claimant-appellant.
7. The appeal is disposed of with the above observations.
8. Pending applications, if any, stand disposed of.
(REKHA BORANA),J
225-227-T.Singh/-
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