The High Court of Rajasthan disposed of an accident motor vehicle damages appeal based on a mutual settlement. The insurer agreed to deposit an additional Rs.1,43,000 with the Tribunal for final distribution to the appellants.
The appeal is partly allowed; the insurer must deposit Rs.1,43,000 with the Tribunal within two months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 1778/2014
----Appellant
Versus
----Respondent
| For Appellant(s) | : Mr. P. Nayak through VC. |
|---|---|
| For Respondent(s) | : Mr. Jagdish Vyas through VC. |
| Mr. Rakesh Matoria through VC. |
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
08/01/2021
Learned counsel submit that the parties have settled the dispute mutually. A memorandum of understanding (MOU) dated
(2 of 2)
[CMA-1778/2014]
07.01.2021 duly signed by learned counsel for the parties has been placed on record, whereby, the respondent No.3-Insurance Company has agreed to make further payment of Rs.1,43,000/towards full and final settlement of the claim made by the appellants. It is agreed that the Insurance Company shall deposit the said amount of enhanced compensation (over and above the amount awarded by the Tribunal) with the Tribunal within a period of two months from the date of passing of the order. Further submission has been made that the amount be disbursed to the claimants in terms of the award passed by the Tribunal.
In view of the submissions made by learned counsel for the parties, the appeal deserves to be disposed of in terms of the Memorandum of Understanding dated 07.01.2021. It would be required of the respondent No.3– Insurance Company to deposit the enhanced amount of compensation, i.e. Rs.1,43,000/- with the Tribunal within a period of two months. On failure to deposit the amount within the said period, the claimants would be entitled to interest @ 7.5% p.a. on the above indicated amount from the date of this order. The Tribunal shall disburse the amount to the claimants in terms of the award in their saving bank account.
The appeal is partly allowed in the terms indicated above.
(SANDEEP MEHTA),J
94-Tikam/-
Sohan S/o Dal Singh
Dal Singh S/o Roopji
Smt. Sanga W/o Dal Singh
Chatar Singh S/o Machriya
Narayan S/o Madiya
ICICI Lombard General Insurance Co. Ltd.
SANDEEP MEHTA
As recorded by the court registry
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