Dismissed

Smt. Chuki Devi and Anr. v. Pabu Ram and Ors.

Rajasthan HC18 Dec 2023CMA/1257/2015

Case brief

AI extract

What is this about?

Pending civil misc. appeals arising from a Motor Accident Claims Tribunal award were disposed of due to a post-compromise settlement. The insurer agreed to pay an additional sum for full and final settlement, and the Tribunal accordingly modified the impugned award and disposed of the appeals.

What did the court decide?

The impugned award of the MACT is modified; the insurer must pay Rs.9,50,000 as full and final settlement within two months with 7.5% interest thereafter; appeals disposed of.

Smt. Chuki Devi and Anr. Vs Pabu Ram and Ors. — Motor Accident Claims | Rajasthan HC (2023)

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[2023:RJ-JD:44657]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 823/2015

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B.m. Shriram General Ins. Co. Ltd.

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----Appellant

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Versus

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Smt. Chuki Devi And Ors.

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----Respondent

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Connected With

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S.B. Civil Misc. Appeal No. 1257/2015

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Smt. Chuki Devi And Anr.

----Appellant

Versus

Pabu Ram And Ors.

		----Respondent
For Appellant(s)	: Mr. Vishal Singhal for Insurance Company.
For Respondent(s)	: Mr. B.L. Bhati.

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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18/12/2023

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A submission has been made by the learned counsel for the parties that a compromise has been entered into between the parties in the spirit of Lok Adalat and as the National Lok Adalat scheduled to be held on 09.12.2023 has not been held, a permission for listing the case has been made.

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In view of the above request, the appeals have been permitted to be listed today.

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The present two civil misc. appeals arise out of the award dated 26.02.2015 passed in MAC Case No.299/2014 (95/2013) by learned Motor Accident Claims Tribunal, Nagaur.

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A memorandum of settlement as signed by both the counsels for Insurance Company as well as the claimants has been filed,

[2023:RJ-JD:44657]

[CMA-823/2015]

(2 of 3)

which is taken on record. It has been submitted that out of Rs.20,00,000/- as awarded by the Learned Tribunal, an amount of Rs.12,00,000/- as directed vide interim order dated 08.05.2015 has been deposited by the Insurance Company and the same has even been disbursed to the claimants-respondents. Now, it has been settled between the parties that a further sum of Rs.9,50,000/- towards the full and final settlement of the claim shall be paid by the Insurance Company to the claimants and the claimants shall relinquish the remaining award amount, if any.

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Learned counsel Mr. Vishal Singhal submits that he has been authorized by the Insurance Company to enter into the compromise in the spirit of Lok Adalat. 5. In view of the above and in terms of settlement as entered into between the parties and in spirit of Lok Adalat, it is directed that now the claimants-respondents shall be entitled to a lump sum amount of Rs.9,50,000/- as a full and final settlement of the case. The amount so agreed shall be deposited by Insurance Company with the Tribunal within a period of two months from today failing which, the same shall carry interest @ 7.5% per annum from the date of this order till actual realization. The agreed amount of compensation be disbursed/deposited in terms of the award in the saving bank account of the claimantsrespondents. The impugned judgment/award dated 26.02.2015 passed by MACT, Nagaur in MAC Case No.299/2014 (95/2013) is modified accordingly.

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In view of the above, both the appeals are disposed of .

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Stay petition also stands disposed of .

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(3 of 3) [CMA-823/2015]

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[2023:RJ-JD:44657]

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Office is directed to send back the record, if any, forthwith.

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(REKHA BORANA),J

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521-522-sumer/-

Smt. Chuki Devi and Anr. v. Pabu Ram and Ors.

Case brief

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Smt. Chuki Devi and Anr. v. Pabu Ram and Ors.

Case brief

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