Swaroop Singh vs Branch Manager Icici Lombard Genrel ...
2025 Latest Caselaw 869 Raj

Rajasthan High Court - Jodhpur

Swaroop Singh vs Branch Manager Icici Lombard Genrel ... on 10 May, 2025

        NATIONAL LOK ADALAT
                                    (BENCH N0.5)
         RAJASTHAN HIGH COURT, JODHPUR
                                 Case No. 108712023
 Swaroop Singh and Anr. V/s Branch Manager, ICICI Lombard General
                Iusuranee Company Limited and Ors.
                                and
                         Case No.1066/2023
         Manisha Kanwar and Anr. Vls Swaroop Singh & Ors.
Present-
Hon'ble Mr. Justice Sandeep Shah, Chairman
Shri Deepak Choudhary, Member
Appearance-
Appellant(s)        :        Girdhar ~ i n g Bhati
                                             h
Respondent(s)       :        Santosh Choudhary
                               AWARD OF LOK ADALAT
                                                                    Date: 10.05.2025
      The matter is placed before the Lok Adalat today.
      The MACT, Jaisalmer by its judgment and award dated 29.03.2023 in
MAC Case No. 116/2017 awarded a sum of Rs. 10,50,000/- Alongwith interest

           .

@ 6% per annum.

By way of the award in question, the learned Tribunal had saddled the liability upon the Insurance Company and the owneddriver jointly and severally, and given the liberty to the Insurance Company to pay and recover the amount from the owner.

During the pendency of the hstant appeal, the appellant and the respondents have made'sincere endeavors to resolve the dispute by mutual agreement. After due deliberations, the Insurance Company, the ownerldriver and the claimant(s) have arrived at a compromise and have agreed to settle the matter amicably.

In terms of the settlement, the appellant-Insurance Company has agreed to forgo its recovery rights against the appellant-owneddriver and has agreed to allow the appeal filed by the appellant-ownerldriver.

With the consent of the parties, the impugned award dated 29.03.2023 is hrther enhanced by Rs.4,50,000/- in favour of the claimant(s)/appellant(s) as a full and final settlement of the case. The amount so agreed shall be deposited by the respondent-Insurance Company with the Tribunal within a period of two months from today, failing which, the same shall carry iliterest @ 6% per

annum from the date of this order till actual realization. All the parties are agreeable to the condition of the settlement, therefore, both the appeals are disposed of accordingly in terms of the settlement arrived at between the parties. The impugned award dated 29.03.2023 passed by MACT Jaisalmer in Claim Case No. 11612017 is modified.according1y.

In view of the above, the appeals are disposed of.

The Registry is directed to send back the record forthwith.

                                   Signature on behalf o k ~ ~ ~ A l a n t ( Signature
                                                                             s)        on behalf ~es~dndent(s)


                                              Member                                              6F.-
                                                                                                    m a n
                                         National Lok Adalat                                 National Lok Adalat
                                              Jodhpur                                             Jodhpur









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