Dismissed

Anita and Others v. Damodar Prasad Tepan and Others

Rajasthan HC22 Jul 2021CMA/3723/2014

Case brief

AI extract

What is this about?

The High Court disposed of a motor accident claim appeal after parties entered a compromise. The compromise involved withdrawal of the appeal, full payment of the award with interest, and the award being declared satisfied. The appeal and pending applications were dismissed.

What did the court decide?

The appeal standing dismissed as withdrawn in terms of compromise; pending applications disposed of.

Anita and Others Vs Damodar Prasad Tepan… — Contract and Commercial Disputes | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 3723/2014

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Anita W/o Late Shri Rambabu Prajapat, aged about 28 years R/o House No. 60, Ganesh Colony, Mahesh Nagar, Jaipur

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Tushar Prajapat S/o Late Shri Rambabu Prajapat, aged about 10 years R/o House No. 60, Ganesh Colony, Mahesh Nagar, Jaipur

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Karan Prajapat S/o Late Shri Rambabu Prajapat, aged about 8 years R/o House No. 60, Ganesh Colony, Mahesh Nagar, Jaipur

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Harman Prajapat S/o Late Shri Rambabu Prajapat, aged about 6 years R/o House No. 60, Ganesh Colony, Mahesh Nagar, Jaipur

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Prem Devi W/o Late Shri Hanuman Sahai Prajapat aged about 67 years, R/o House No. 60, Ganesh Colony, Mahesh Nagar, Jaipur

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Claimants-appellants No.2 to 4 are being minor through their natural guardina and mother Smt. Anita.

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… Claimants-appellants

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Versus

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1. Damodar Prasad Tepan S/o Shri Mangilal Tepan, R/o 481, Shanti Nagar, Gopalpura Byepass, Jaipur Owner Of Vehicle No. Rj-14-1G-1914

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2 Gajraj Singh S/o Shri Sawant Singh R/o Kerwaliya, Post . Tilaju, Teh. Malpura, Distt. Tonk Driver Of Vehicle No. Rj-141G-1914

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3. Reliance General Insurance Company Ltd., Having Its Regional Office At Maker Tower Queens Road, Vaishali Nagar, Jaipur Through Its Constituent Attorney

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----Non-claimants/Respondents

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For Appellant(s)	: Mr. V.S. Solanki, Advocate for the claimants
For Respondent(s)	: Mr. Santosh Kumar Soni,Advocate for Mr.Virendra Agarwal, Advocate for the Insurance-company

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

(2 of 2)

[CMA-1257/2014]

Order

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.

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The said compromise reads as under :-

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“The humble claimants-appellants and respondent No.3 insurance-company have entered into the compromise on the terms mentioned as under :-

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1. That the claimants are ready and willing to withdraw the appeal bearing S.B.C.M.A. No.3723/2014 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.

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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.

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3. That the respondent No.3 insurance-company has no objection if the amount deposited may be disbursed to the claimants, however no further amount remains and as such no amount is required to be deposited insurance-company and the impugned award dated 23.10.2013 stands absolute and satisfied on the basis of compromise.

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4. That the appeal deserves to be dismissed as withdrawn in terms of the compromise.”

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In view of above, instant miscellaneous appeal stands disposed of, in terms of the compromise arrived at between the parties.

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Pending applications, if any, also stand disposed of.

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(CHANDRA KUMAR SONGARA),J

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Ashok/73

Anita and Others v. Damodar Prasad Tepan and Others

Case brief

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Anita and Others v. Damodar Prasad Tepan and Others

Case brief

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