Partly allowed

Icici Lombard General Ins. Co.Ltd. v. Smt. Sushila and Ors.

Rajasthan HC6 Nov 2023CMA/1847/2016

Case brief

AI extract

What is this about?

This judgment disposes of a s.c.I appeal filed by an insurance company against a MACT award. Upon confirmation of a mutual settlement of Rs. 11,75,000/-, the High Court modified the impugned award and directed the appellant to deposit the agreed amount with the Tribunal.

What did the court decide?

Appellant directed to pay Rs. 11,75,000/- as full and final settlement; impugned award modified and stay application disposed of.

Icici Lombard General Ins. Co.Ltd. Vs Smt. Sushila… — Motor Accident Claims | Rajasthan HC (2023)

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[2023:RJ-JD:38058]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1847/2016

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ICICI Lombard General Insurance Co. Ltd., ICICI Bank Tower, Bandra Kurla Complex, Mumbai, through authorised signatoryDhulandi Bhawan, Bhatia Choraha, Ratanada, Jodhpur.

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----Appellant

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Versus

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Smt. Sushila w/o Lt. Sh.Raju Ram, age-34 years,

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Saroj D/o Lt. Sh.Raju Ram, age-16 years,

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Laxmi D/o Lt. Sh.Raju Ram, age-14 years,

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Pinku D/o Lt. Sh.Raju Ram, age-13 years,

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Pooni @ Poonam D/o Lt. Sh.Raju Ram, age-11 years,

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Segga D/o Lt. Sh.Raju Ram, age-09 years,

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Daali D/o Lt. Sh.Raju Ram, age-6 years,

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Kavita D/o Lt. Sh.Raju Ram, age-4 years, Respondents No.2 to 8 are minor, through their Natural Guardian Mother respondent No.1 Smt. Sushila w/o Lt. Sh.Raju Ram 9. Bhaira Ram S/o Sh. Bala Ram @ Mala Ram, age-61 years, 10. Smt. Jhammu Devi w/o Bhaira Ram, age-60 years. All b/c Prajapat (Kumhar) r/o Village-Borawas, Police StationDangiyavas, Tehsil & District-Jodhpur.

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Goma Ram s/o Sh. Anna Ram, b/c Jat, R/o Udasar, Police station-Guda Malani, Dist.-Barmer.

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(Driver of TATA-709 Mini Truck no.RJ-19-GC-6614) 12. Ugma Ram Godara S/o Sh. Mangla Ram, b/c Jat, r/o House No.-30, Godaron Ki Dhani, Digadi Kalla, Near Saran Nagar, Jodhpur.

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----Respondent

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For Appellant(s)	: Mr. Santosh Choudhary
For Respondent(s)	: Mr. S.K.Sankhla for claimants

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Judgment

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06/11/2023

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The Motor Accident Claims Tribunal, Jodhpur Metropolitan vide judgment and award dated 13.05.2016 passed in Claim Case

[2023:RJ-JD:38058]

[CMA-1847/2016]

(2 of 3)

No. 127/2013 awarded compensation of Rs. 14,97,392/- with interest @ 8.5% per annum in favour of the respondentsclaimants, which is under challenge in this appeal preferred by appellant-insurance company.

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It is submitted by learned counsel for the appellant that during pendency of the appeal, the parties i.e. the appellant and the claimant-respondents have compromised the matter and agreed mutually to settle the matter at Rs. 11,75,000/- as a full and final settlement of the claim in addition to the amount already deposited by the appellant company and the appeal may be disposed of in terms of the compromise arrived at between the parties.

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Learned counsel for the respondents-claimants also submitted that the matter has been compromised between the parties and they have settled the matter at Rs.11,75,000/- in addition to the amount already deposited by the appellant insurance company with the learned Tribunal as a full and final settlement of the claim.

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Parties have also produced before the Court a Memorandum of Understanding in this regard duly signed by counsel for the parties, which is taken on record.

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In view of settlement arrived at between the appellantInsurance Company and the respondents- claimants, with the consent of learned counsel for the parties, this appeal is disposed of in following terms:

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The appellant-Insurance Company shall pay to the respondents-claimants a sum of Rs. 11,75,000/- as lump sum

[2023:RJ-JD:38058]

[CMA-1847/2016]

(3 of 3)

amount in addition to the amount of compensation already paid/deposited by the appellant as a full and final settlement of the Claim Case. The agreed amount shall be deposited by the appellant- Insurance Company with the Tribunal within a period of two months from today, failing which, interest @ 6% p.a. till payment shall be payable. On deposit of the amount as aforesaid, the same shall be disbursed to the respondents-claimants in accordance with law.

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The award impugned dated 13.05.2016 passed by Motor Accident Claims Tribunal, Jodhpur Metropolitan in Claim Case No. 127/2013 is modified accordingly. Stay application also stands disposed of. Office is directed to send the record, if received, back to the learned Tribunal forthwith.

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(YOGENDRA KUMAR PUROHIT),J

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139-RP/-

Icici Lombard General Ins. Co.Ltd. v. Smt. Sushila and Ors.

Case brief

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Icici Lombard General Ins. Co.Ltd. v. Smt. Sushila and Ors.

Case brief

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