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Kanku Devi And Ors And Others vs Shriram General Ins. Co. Ltd And Others

Rajasthan High Court · Decided on 1 June 2023 · Citation: (2023) 06 RAJ CK 0043

HON’BLE JUDGES
Yogendra Kumar Purohit, J
RESULT
Disposed Of
CASE NUMBER
Cross Objection (Civil) No. 81 Of 2019, 236 Of 2020, In Civil Miscellaneous Appeal No. 577 Of 2016
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Judgment

6 paragraphs · 338 words

Yogendra Kumar Purohit, J

1.

These matters arise out of the judgment and award dated 24.11.2015 passed by the Motor Accident Claims Tribunal, Balotra in Claim Case No. 24/2013 (877/2014), whereby Tribunal has awarded a sum of Rs. 9,69,100/- as compensation to the claimants along with interest @ 9% per annum. Aggrieved by the said judgment and award, the Insurance Company has filed S.B.Civil Misc. Appeal No. 577/2016 and claimants have filed the cross-objection/appeal seeking enhancement.

2.

Learned counsel appearing for the claimants/cross-objectors and Insurance Company submit that the parties have settled the matter in the spirit of Lok Adalat and have agreed that the Insurance Company shall pay a sum of Rs. 2,60,000/- to the claimants in addition to the amount of compensation already paid to the claimants as a full and final settlement of the claim case. It is submitted that claimants have already received a sum of Rs. 7,00,000/- with interest deposited by the insurance company with the tribunal. Learned counsel for the parties accordingly prayed that the appeal as well as the cross-objections may be disposed of in terms of the settlement arrived at between the parties as above.

3.

In view of settlement arrived at between the claimants/cross-objectors and Insurance Company as aforesaid, the appeal and the cross-objections/appeals are disposed of in following terms:

The Insurance Company shall pay the agreed amount of Rs.2,60,000/- as lump-sum amount in addition to the amount of compensation already paid to the claimants in Claim Case No 24/2013 (877/2014) as a full and final settlement of the claim case. The said amount shall be deposited by the Insurance Company with the Tribunal within a period of two months from today, failing which, interest @ 6% from the date of this order till payment shall be payable. On deposit of the amount as aforesaid, the same shall be disbursed to the claimants in accordance with law.

4.

The award impugned dated 24.11.2015 passed by Motor Accident Claims Tribunal, Balotra in Claim Case No. 24/2013 (877/2014) is modified accordingly.