Partly allowed

Roshni and Ors. v. Babulal and Ors.

Rajasthan HC8 Jan 2021CMA/897/2014

Case brief

AI extract

What is this about?

The High Court, Jodhpur, disposed of a civil miscellaneous appeal as the parties had mutually settled the dispute via a Memorandum of Understanding. The respondent insurance company was directed to deposit an enhanced settlement amount of Rs. 2,50,000 with the Tribunal within two months.

What did the court decide?

Directed respondent to deposit Rs. 2,50,000/- with Tribunal within 2 months; claimed interest @ 7.5% p.a. on failure.

Roshni and Ors. Vs Babulal and Ors. — Civil Procedure and Limitation | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Misc. Appeal No. 897/2014

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Roshni W/o late Sh. Bhanwara, by caste Teli

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Abdul Hameed S/o late Sh. Bhanwara

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Abida Bano D/o late Sh. Bhanwara

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Sajid Ali S/o late Sh. Bhanwara

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All resident of Ward No.328, Old Fatukhan Factory ke pas, Sardarshahar, District Churu (Raj.)

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Sajida Bano D/o late Sh. Bhanwara, age about 17 years

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Rasida Bano D/o late Sh. Bhanwara, age about 16 years

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Majida Bano D/o late Sh. Bhanwara, age about 14 years 8. Khalid S/o late Sh. Bhanwara, age about 12 years Appellants No. 5 to 8 are minors through their natural guardian mother Roshni W/o late Sh. Bhanwara, by caste Teli, resident of Ward No.328, Old Fatukhan Factory ke pas, Sardarshahar, District Churu (Raj.)

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----Appellant

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Versus

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Babulal S/o Sh. Surja Ram, by caste Dholi, resident of Naurangsar, PS Salasar, Tehsil and District Sikar (Raj.)

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--- Driver of the Bus

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Giddhari Lal S/o Sh. Bhanwarlal, by caste Jat, resident of Dhana, PS Nechawa, Tehsil and District Sikar (Raj.)

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--- Owner of the Bus

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ICICI Lombar Motor Insurance, Jineth House, Keshavrao Khedu Marg, Mahalaxmi Mumbai-400034, Area office opposite Roadways Bus Stand, Churu, District Churu (Raj.)

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----Respondent

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For Appellant(s) : Mr. K.R. Saharan (through VC) For Respondent(s) : Mr. Jagdish Vyas (through VC)

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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08/01/2021

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Learned counsel submit that the parties have settled the dispute mutually. A memorandum of understanding (MOU)

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(2 of 2)

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[CMA-897/2014]

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dated 07.01.2021 duly signed by learned counsel for the parties has been placed on record, whereby, the respondent No.3Insurance Company has agreed to make further payment of Rs.2,50,000/- 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.

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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.2,50,000/- 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.

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The appeal is partly allowed in the terms indicated above.

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(SANDEEP MEHTA),J

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93-Pramod/-

Roshni and Ors. v. Babulal and Ors.

Case brief

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Roshni and Ors. v. Babulal and Ors.

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