Dismissed

Bhawani Singh and Anr. v. Smt.Kanchan Devi and Ors.

Rajasthan HC18 Dec 2023CMA/1755/2011

Case brief

AI extract

What is this about?

This order concerns an appeal against a district motor accident tribunal award. The High Court disposed of the matter after a settlement was reached between the appellant insurance company and the respondent owner regarding recovery of compensation.

What did the court decide?

Affidavits and Memorandum of Understanding were taken on record; appeal and cross-objections dismissed as withdrawn.

Bhawani Singh and Anr. Vs Smt.Kanchan Devi and Ors. — Rajasthan HC (2023) — LawSathi Research

¶1

[2023:RJ-JD:44406]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Misc. Appeal No. 1755/2011

¶4

Bhawani Singh And Anr.

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----Appellants

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Versus

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Smt.kanchan Devi And Ors.

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----Respondents

¶9

Connected With

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S.B. Civ.cros.obj.miscapp No. 16/2017

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Icici Lombard General Insurance Company Limited

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----Appellants

¶13

Versus Bhawani Singh & Ors. ----Respondents

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Bhawani Singh & Ors.	----Respo
For Appellant(s) :	Mr. Mudit Vaishnav
For Respondent(s) :	Mr. Jagdish Vyas Mr. Neeraj Bajaj, Legal Manager, ICICI Lombard GIC Ltd. (present inperson)

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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 cases have been made.

¶19

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

¶20

The present appeal has been preferred by the appellants (driver and the owner of the vehicle) against the award dated

[2023:RJ-JD:44406]

[CMA-1755/2011]

(2 of 2)

22.03.2011 passed by the Motor Accident Claim Tribunal, Didwana, Nagaur in Motor Accident Claims Case No.04/2010 whereby while partly allowing the claim petition as preferred by the claimants, the Insurance Company has been exonerated from the liability to pay the compensation but has been directed to ‘Pay & Recover’.

¶25

Now, in the spirit of Lok Adalat, a settlement has been arrived into between the owner and the Insurance Company to the effect that the Insurance Company shall give up its rights to recover and shall not recover any amount from the appellantowner in pursuance to the impugned award. In terms of the memorandum of understanding, it has been agreed that both the owner as well as the Insurance Company will withdraw their appeal and cross objections respectively. The memorandum of understanding as filed, is taken on record.

¶26

In view of the same, both the appeal as well as the cross objections are dismissed as withdrawn.

¶27

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

¶28

(REKHA BORANA),J

¶29

505/506-devanshi/-

Bhawani Singh and Anr. v. Smt.Kanchan Devi and Ors.

Case brief

What is this about?

What did the court decide?

Bhawani Singh and Anr. v. Smt.Kanchan Devi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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