Bhanwar Kanwar And Ors vs Deva Ram And Ors. (2025:Rj-Jd:1122)
2025 Latest Caselaw 3917 Raj

Rajasthan High Court - Jodhpur

Bhanwar Kanwar And Ors vs Deva Ram And Ors. (2025:Rj-Jd:1122) on 8 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:1122]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 3451/2011

Bhanwar Kanwar And Ors.
                                                                      ----Appellants
                                       Versus
Deva Ram And Ors.
                                                                    ----Respondents


For Appellant(s)             :     Mr. Bharat Singh
For Respondent(s)            :     Mr. Devendra Singh Chouhan



              HON'BLE MS. JUSTICE REKHA BORANA

Order

08/01/2025

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

judgment and award dated 29.09.2010 passed by Motor Accident

Claims Tribunal, Bhinmal in MAC Case No.17/2009 whereby while

passing an award of Rs.7,66,000/- with interest at the rate of 7%

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

[2025:RJ-JD:1122] (2 of 2) [CMA-3451/2011]

owner and to pay the compensation to the claimants. It has

further been settled that a lumpsum amount of Rs.12,00,000/-

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. 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.12,00,000/- 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

amount of compensation be disbursed/deposited in the saving

bank account of the claimants-appellants.

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

8. Pending applications, if any, stand disposed of.

(REKHA BORANA),J 170-T.Singh/-

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