Rajasthan High Court - Jodhpur
Shriram General Insurance Co. Ltd vs Surjeet (2025:Rj-Jd:16139) on 27 March, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:16139]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2810/2019
Shriram General Insurance Co. Ltd., E-8, Epip, Riico Industrial
Area, Sitapura, Jaipur (Raj.) (Insurer Of Bolero No. Rj-07-G-
6176)
----Appellant
Versus
1. Surjeet S/o Late Shera Ram, Aged About 12 Years, B/c
Raika, R/o Shimla, Minor Through Grandmother And
Guardian Jhumar Devi W/o Sawata Ram, R/o Shimla,
Tehsil Sardarshahar, District Churu (Raj.)
2. Mamta D/o Late Shera Ram, Aged About 5 Years, B/c
Raika, R/o Shimla, Minor Through Grandmother And
Guardian Jhumar Devi W/o Sawata Ram, R/o Shimla,
Tehsil Sardarshahar, District Churu (Raj.)
3. Banwari Lal S/o Om Prakash, R/o Ward No. 2, Murlidhar
Vyas Colony, Near Kalla Petrol Pump, Bikaner (Raj.)
(Owner Of Truck No. Rj-07-G-6176)
4. Vikram Singh S/o Samundra Singh, B/c Rajput, R/o
Jaitsisar Tehsil Sardarshahar, District Churu (Raj.) (Driver
Of Truck No. Rj-07-G-6176)
----Respondents
and
S.B. Civil Misc. Appeal No. 3311/2019
1. Surjeet S/o Shera, Aged About 19 Years, B/c Raika, R/o
Village Shimla, Tehsil Sardarshahar, District Churu
(Rajasthan)
2. Mamta D/o Shera Ram, Aged About 12 Years, Minor
Through Her Grand Mother Jhumar Devi W/o Sanwata
Ram. B/c Raika, R/o Village Shimla, Tehsil Sardarshahar,
District Churu (Rajasthan)
----Appellants
Versus
1. Shriram General Insurance Co. Ltd., E/8, Epip, Riico
Industrial Area , Sitapura, Jaipur (Rajasthan) (Insurer Of
Truck No. Rj-07-G-6176)
(Downloaded on 27/03/2025 at 09:50:09 PM)
[2025:RJ-JD:16139] (2 of 3) [CMA-2810/2019]
2. Banwari Lal S/o Om Prakash, R/o Ward No. 2, Murlidhar
Vyas Colony, Near Kalla Petrol Pump, Bikaner
(Rajasthan) (Owner Of Truck No. Rj-07-G-6176)
3. Vikram Singh S/o Samundar Singh, B/c Rajput, R/o
Jaitsisar, Tehsil Sardarshahar, District Churu (Rajasthan)
(Driver Of Truck No. Rj-07-G-6176)
----Respondents
For Appellant(s) : Mr. Vishal Singhal for Insurance
Company
For Respondent(s) : Mr. Mahaveer Prasad Pareek for
claimants
HON'BLE MS. JUSTICE REKHA BORANA
Order
27/03/2025
1. A joint submission has been made by learned counsel for the
claimants and the Insurance Company that a compromise has
been entered into between the parties in the spirit of Lok Adalat.
2. Learned counsel Mr. Vishal Singhal submits that he has been
authorised by the Insurance Company to enter into the said
compromise.
3. The present civil misc. appeals have been preferred by the
appellant against judgment and award dated 15.07.2019 passed
in MAC Case No.125/2016 by learned Motor Accident Claims
Tribunal, Churu whereby the claim of the claimants seeking
compensation was partly allowed holding defendant No.1-
Insurance Company also jointly and severally liable to pay
compensation of Rs.8,01,120/- with interest @6% per annum.
[2025:RJ-JD:16139] (3 of 3) [CMA-2810/2019]
4. Learned counsels for the parties have placed on record a
memorandum of understanding/compromise entered into between
the parties, which is taken on record.
5. Learned counsel for the Insurance Company submits that an
amount of Rs.8,01,120/- has already been deposited by the
Insurance Company with the learned Tribunal in pursuance of the
interim order dated 04.12.2019. However, both the parties have
now agreed that the Insurance Company shall further pay an
amount of Rs.6,50,000/- to the claimants in addition to the
amount already deposited (Rs.8,01,120/-) as a full and final
settlement qua MAC Case No.125/2016.
6. In view of the compromise/Memorandum of Understanding
entered into between the parties, let an amount of Rs.6,50,000/-
as agreed be deposited by the Insurance Company with the
Tribunal within a period of one month from today, failing which,
the same shall carry interest @7.5% per annum from the date of
this order till actual realization. The agreed amount of
compensation be disbursed/deposited in terms of the award.
7. The appeals are disposed of with the above observations.
8. Pending applications, if any, also stand disposed of.
(REKHA BORANA),J
237-61-Devanshi/-
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