Bharti Axa General Ins. Co. Ltd vs Dinesh And Ors. (2025:Rj-Jd:1099)
2025 Latest Caselaw 3959 Raj

Rajasthan High Court - Jodhpur

Bharti Axa General Ins. Co. Ltd vs Dinesh And Ors. (2025:Rj-Jd:1099) on 8 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:1099]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                    S.B. Civil Misc. Appeal No. 1156/2016

Bharti Axa General Ins. Co. Ltd.
                                                                         ----Appellant
                                         Versus
Dinesh And Ors.
                                                                      ----Respondents


For Appellant(s)               :     Mr. Santosh Choudhary
For Respondent(s)              :     Mr. Nikhil Ajmera for
                                     Mr. Sandeep Saruparia



              HON'BLE MS. JUSTICE REKHA BORANA

Order

08/01/2025

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. Mr. Sanjay Singh, the Legal Manager of appellant-Insurance

Company has been authorized by the Insurance Company to enter

into the said compromise.

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

judgment and award dated 15.12.2015 passed in MAC Case

No.131/2011 by learned Motor Accident Claims Tribunal,

Rajsamand 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.6,85,000/- with interest @9% per annum.

[2025:RJ-JD:1099] (2 of 2) [CMA-1156/2016]

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.2,60,000/- to the claimants as

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

already paid. The amount so agreed shall be deposited by the

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 amount of compensation be disbursed/deposited

in terms of the Award in the saving bank account of the claimants.

6. Office is directed to send back the record forthwith.

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

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

(REKHA BORANA),J 172-T.Singh/-

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