Disposed

Ans Construction Ltd. and Another v. Jameela and Others

Rajasthan HC29 Mar 2022CMA/2271/2013

Case brief

AI extract

What is this about?

Appeal against a labor/social security tribunal award was disposed of upon a compromise among appellants, claimants, and the insurer. The court ordered the release of funds held in a fixed deposit and a lumpsum payment by the insurer. Connected cross-objection disposed similarly.

What did the court decide?

Disposal of appeal and cross-objection based on a compromise; release of fund from FDR and lump sum payment to appellant.

Ans Construction Ltd. and Another Vs… — Contract and Commercial Disputes | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 2271/2013

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ANS Construction Ltd, Head Office 144/2, 1^st Floor Ashram Mathura road, New Delhi through its Project Manager Shri Anurendra Singh s/o Shri Ramnath Singh, aged about 46 years, Project Manager, ANS Company Kama, District Bharatpur (Rajasthan)

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(Owner of TATA Pickup 207 bearing No. DL1-LG-2483)

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Shiv Kumar Soni S/o Shri Amrit Lal Soni, R/o VPO Gangret, District Una (Himachal Pradesh), the then working at ANS Company Kama, Distrcit Bharatpur (Rajasthan) (Driver of TATA Pickup 207 bearing No. DL1-LG-2483)

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----Non-Applicants/Appellants

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Versus

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Jameela W/o Subhan

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Iroj W/o Waseem

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Both are reisdents of Nagla Sehjad, Police Station Kama, District Bharatpur (Rajasthan)

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----Applicants-Claimant-Respondents

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Reliance General Insurance Co. Ltd. through its Manager, Office at Reliance General Insurance Co. Ltd. Regional Office Nityahand Nagar, Queens Road, Vaishali Nagar, Jaipur (Rajasthan)

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----Insurer-Respondent

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Connected With

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S.B. Cross Objection (Civil) No. 64/2015

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For Appellant(s) : Mr. Saransh Saini, Advocate For Cross-objector(s) : Mr. Hemendra Goyal, Advocate For Insurance : Mr. Virendra Agarwal, Advocate Company

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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29/03/2022

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IN S.B CMA No. 2271/2013:-

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(2 of 3)

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[CMA-2271/2013]

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Learned counsel for the parties submit that the parties have entered into a compromise. They have submitted a copy of the compromise duly signed by learned counsel for the claimant, learned counsel for the cross-objector as also learned counsel for

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the Insurance Company, which reads as under:-:-

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“1. That the non-claimants owner and diver have preferred the appeal being aggrieved by the award dated 28.02.2012 passed by MACT (ADJ No. 1), Deeg, District Bharatpur whereby the award has been passed for Rs., 4,65,000/- with interest @ 6% per annum. However, the learned tribunal has exonerated the insurance company from the liability and the liability has been imposed only upon the appellants.

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That the appellants have deposited the entire awarded amount with interest in compliance of the stay order dated 11.11.2013, out of which 75% has been ordered to disbursed to the claimants and remaining 25% amount has been ordered to be kept in the FDR and accordingly 75% amount has been disbursed to the claimant and remaining 25% is still lying the FDR.

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That the insurance company i.e. Reliance General Insurance Company has adopted humanitarian approach and have entered into compromise with the claimant and the appellants. The terms of the compromise entered and agreed upon between the parties are as follows:-

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A. That the appeal shall be withdrawn by the appellants and accordingly the amount lying in the FDR in compliance of the order dated 11.11.2013 shall be disbursed to the claimants henceforth.

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B. That the insurance company will make the lumpsum payment of Rs. 4,65,000/- (Rs. Four Lacs Sixty Five Thousand only) to the appellant No. 1 in full and final settlement of the claim within four weeks from the date of entering into compromise failing which it will carry interest @ 6% per annum from date of compromise till actual payment.”

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(3 of 3)

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[CMA-2271/2013]

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

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IN Cross Objection No. 64/2015:-

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The cross objection filed by the cross objector also stands

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disposed of, accordingly.

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A copy of this order be placed in the connected file.

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(PRAKASH GUPTA),J

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Pooja /67-68

Ans Construction Ltd. and Another v. Jameela and Others

Case brief

What is this about?

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Ans Construction Ltd. and Another v. Jameela and Others

Case brief

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