I.C.I.C.I.Lombard G.I.C.Ltd vs Smt.Baby And Ors. (2025:Rj-Jd:991)
2025 Latest Caselaw 3847 Raj

Rajasthan High Court - Jodhpur

I.C.I.C.I.Lombard G.I.C.Ltd vs Smt.Baby And Ors. (2025:Rj-Jd:991) on 7 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:991]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                   S.B. Civil Misc. Appeal No. 318/2011

I.C.I.C.I. Lombard G.I.C. Ltd.
                                                                        ----Appellant
                                        Versus
Smt. Baby And Ors.
                                                                     ----Respondents


For Appellant(s)              :     Mr. Ayush Goyal for
                                    Mr. Vinay Kothari
For Respondent(s)             :     Mr. Mudit Vaishnav



              HON'BLE MS. JUSTICE REKHA BORANA

Order

07/01/2025

1. A joint submission has been made by learned counsels for

the claimant and the Insurance Company that a compromise has

been entered into between the parties in the spirit of Lok Adalat.

2. Learned counsel Mr. Ayush Goyal on behalf of learned

counsel Mr. Vinay Kothari submits that he has been authorized by

the Insurance Company to enter into the said compromise in the

spirit of Lok Adalat.

3. The present civil misc. appeal has been preferred against the

judgment and award dated 13.01.2011 passed in MAC Case

No.135/2008 by learned Motor Accident Claims Tribunal (First),

Jodhpur whereby claim of the claimants seeking compensation

was partly allowed holding defendant No.3-Insurance Company

also jointly and severally liable to pay compensation of

Rs.13,39,000/- with interest @8.5% per annum.

[2025:RJ-JD:991] (2 of 2) [CMA-318/2011]

4. Learned counsel for the parties have placed on record a

memorandum of understanding/compromise entered into between

the parties, which is taken on record.

5. In view of the above and in the spirit of Lok Adalat, the

impugned award is modified and now, the Insurance Company

shall pay a lumpsum amount of Rs.4,60,000/- to the claimants as

a full and final settlement of the case in addition to the amount

already deposited (Rs.8,09,705/-). The amount so agreed shall

be deposited by the 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 enhanced amount of compensation be

disbursed/deposited to the claimants in terms of the award.

6. The appeal is disposed of with the above observations.

7. All pending applications, if any, stand disposed of.

8. Let the record be sent back to the learned Tribunal forthwith.

(REKHA BORANA),J 223-T.Singh/-

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