Prithviraj And Ors vs Icici Lombard General Ins. Co. And Ors. ...
2026 Latest Caselaw 382 Raj

Rajasthan High Court - Jodhpur

Prithviraj And Ors vs Icici Lombard General Ins. Co. And Ors. ... on 12 January, 2026

[2026:RJ-JD:1512]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 2135/2016
Prithviraj And Ors.
                                                                      ----Appellant
                                       Versus
Icici Lombard General Ins. Co. And Ors.
                                                                    ----Respondent


For Appellant(s)             :     Mr. Manish Pitaliya
For Respondent(s)            :     Mr. Vinay Kothari


            HON'BLE MR. JUSTICE SANJEET PUROHIT

Judgment

12/01/2026

1. The present appeal has been preferred against the judgment

and award dated 03.06.2016 passed by Motor Accident Claims

Tribunal, Chittorgarh in Claim Case No. 143/2008 whereby an

amount of Rs.5,23,000/- with interest @ 9 % per annum was

awarded in favour of the claimants. Vide the said award, the

Insurance Company was exonerated from the liability.

2. Today a memorandum of understanding has been placed on

record jointly by counsel for the claimants as well as respondent-

Insurance Company with a submission that a settlement has been

entered into between the parties. As per the settlement the

respondent- Insurance Company has admitted its liability and has

agreed to indemnify the owner and pay the compensation amount

to the claimants.

3. The Memorandum of understanding as filed is taken on

record.

4. Counsel for the claimants submits that till date they have not

received any amount from the owner and counsel for the owner

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[2026:RJ-JD:1512] (2 of 2) [CMA-2135/2016]

also admitted that he has not paid any amount qua the award to

the claimants till date.

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. As per the Memorandum of Understanding, the respondent

Insurance Company has agreed to pay an amount of

Rs.11,00,000/- to the claimants as a full and final settlement of

the case. The claimants have agreed to accept the said amount.

7. 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.11,00,000/- as a full and final settlement of the

case. The amount so agreed shall be deposited by the 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 terms of the

award in the Saving Bank Account of the claimants without

insisting upon to deposit the same in Fixed Deposit.

8. The appeal stands disposed of with the above observations.

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

10. Let the record be sent back to the learned Tribunal forthwith.

(SANJEET PUROHIT),J 199-Yagya/-

(Uploaded on 13/01/2026 at 02:50:48 PM)

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