Kailashi Devi vs Icici Lombard General Insurance Co. ...
2026 Latest Caselaw 379 Raj

Rajasthan High Court - Jodhpur

Kailashi Devi vs Icici Lombard General Insurance Co. ... on 12 January, 2026

[2026:RJ-JD:1523]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 2215/2022

Kailashi Devi W/o Kishan Sharma, Aged About 62 Years, R/o
Akola Khurd, Post, Karediya, Tehsil Bhadesar, Chittorgarh. (Raj.)
                                                                       ----Appellant
                                       Versus
1.       Icici Lombard General Insurance Co. Ltd., Through Branch
         Manager, Icici Lombard General Insurance Company Ltd.,
         58-Panchwati Second Floor, Hero Honda Building, Udaipur.
         (Raj.)
2.       Rameshdas S/o Sukhdas Beragi, R/o Charliya, Tehsil
         Bhadesar, District Chittorgarh. (Raj.) (Owner Of The
         Vehicle No. Rj 09-Rb-4089)
3.       Girdhari S/o Bhera, B/c Gadari, R/o Charliya, Tehsil
         Bhadesar, District Chittorgarh. (Driver Of The Vehicle No.
         Rj 09 -Rb-4089)
                                                                    ----Respondents


For Appellant(s)             :     Mr. Vipul Dharnia.
For Respondent(s)            :     Mr. Vishal Singhal.



            HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

12/01/2026

1. The present misc. appeal has been filed by the appellants

against the judgment and award dated 22.08.2022 passed by

Motor Accident Claims Tribunal, Nimbahera (ADJ No.1,

Nimbahera,) District Chittorgarh in MAC Case No. 06/2015 (CIS

No. 15/2015) whereby the claim petition as preferred by the

claimant stood dismissed.

2. A Memorandum of Understanding has been filed by both the

counsels jointly with a submission that respondent-Insurance

Company has accepted its liability and has agreed to pay a sum of

(Uploaded on 13/01/2026 at 06:55:57 PM)

[2026:RJ-JD:1523] (2 of 2) [CMA-2215/2022]

Rs.1,50,000/- (lump sum) as a full and final settlement to the

appellants-claimant qua MAC Case No. 06/2015 (CIS

No.15/2025). The claimant also has agreed to accept the said

amount as a full and final settlement.

3. The Memorandum of Understanding as filed is taken on

record.

4. In view of the submissions made in the Memorandum of

Understanding, the judgment and award dated 22.08.2022 is

hereby quashed and set aside. The MAC Case No. 06/2015 (CIS

No. 15/2015) as preferred by the claimant is partly allowed. As

the claimant has settled his case finally for an amount of

Rs.1,50,000/-, the claimant is hereby held entitled for the said

amount of Rs.1,50,000/- to be paid within a period of three

months from today by respondent-Insurance Company. The

amount shall be deposited by the Insurance Company with the

learned Tribunal within a period of three months from now, failing

which, the same shall carry interest @ 7.5% per annum from the

date of this order till actual realization. The amount when

deposited be disbursed to the claimant in his Saving Bank Account

without insisting upon depositing the same in Fixed Deposit.

5. The appeal stands disposed of.

6. All pending applications, if any, also stand disposed of.

(SANJEET PUROHIT),J 214-sumer/-

(Uploaded on 13/01/2026 at 06:55:57 PM)

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