The High Court disposed of the civil miscellaneous appeal by dismissing it as withdrawn in terms of a compromise reached between the insurance company and claimants, where the awarded amount with interest had been deposited and partially disbursed.
The appeal was dismissed as withdrawn in terms of the compromise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1257/2014
Reliance General Insurance Company Ltd., Having Its Regional Office At Maker Tower Queens Road, Vaishali Nagar, Jaipur Through Its Constituent Attorney
----Non-claimant/Appellant
Versus
----Non-claimants/Respondents
| For Appellant(s) | : Mr. Santosh Kumar Soni, Advocate for |
|---|---|
| Mr. Virendra Agarwal, Advocate for the Insurance-company |
|
| For Respondent(s) | : Mr. V.S. Solanki, Advocate for the claimants |
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
(2 of 2)
[CMA-1257/2014]
22/07/2021 :
Learned counsel appearing for both the parties submit that the parties have settled their disputes by way of compromise dated 12.07.2021. Learned advocates appearing on behalf of both the parties have requested the Court to pass an appropriate order for disposal of the appeal in terms of the compromise arrived at between the parties.
The said compromise reads as under :-
“The humble appellant insurance-company and claimants respondents No.1 to 5 have entered into the compromise on the terms mentioned as under :-
1. That the insurance company is ready and willing to withdraw the appeal bearing S.B.C.M.A. No. 1257/2014 filed against award dated 23.10.2013 passed by Motor Accident Claim Tribunal No.1, Jaipur Metropolitan, Jaipur in claim case No. 282/2012 whereby the award was passed for Rs.10,54,475/along with interest @ 6% per annum payable from 01.02.2011.
2. That the entire awarded amount with interest has been deposited by the insurance company in terms of the stay order dated 12.11.2014 passed by this Hon’ble Court, out of which 50% of the amount so deposited has already been disbursed to the claimants.
3. That the appellant insurance company has no objection if the amount deposited may be disbursed to the claimants, however no further amount is remains and as such no amount is required to be deposited and the impugned award dated 23.10.2013 stands absolute and satisfied on the basis of compromise.
4. That the appeal deserves to be dismissed as withdrawn in terms of the compromise.”
In view of above, instant miscellaneous appeal stands disposed of, in terms of the compromise arrived at between the parties.
Pending applications, if any, also stand disposed of.
(CHANDRA KUMAR SONGARA),J
Ashok/72
Reliance General Insurance Company Ltd.
Anita W/o Late Shri Rambabu Prajapat
Tushar Prajapat
Karan Prajapat
Harman Prajapat
Prem Devi W/o Late Shri Hanuman Sahai Prajapat
Chandra Kumar Songara
As recorded by the court registry
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