Disposed

Reliance Genral Insurance Company Ltd. v. Smt. Bhanwari Devi and Ors.

Rajasthan HC8 Nov 2023CMA/92/2017

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of two civil miscellaneous appeals filed by claimants and an insurance company regarding a motor accident compensation award. The court allowed the settlement of Rs. 4,00,000/, modified the tribunal's award, and ordered the insurance company to deposit the amount.

What did the court decide?

Insurance Company directed to pay Rs. 4,00,000/- as full and final settlement; impugned award modified; stay application disposed of.

Reliance Genral Insurance Company Ltd. Vs Smt… — Motor Accident Claims | Rajasthan HC (2023)

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[2023:RJ-JD:38601]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 2766/2016

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Smt. Bhanwari Devi, aged 52 years, R/o Ward No. 21 Tehsil- Road, Nokha, District- Bikaner Rajasthan.

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Malchand S/o Late Bhagwan Das, R/o Ward No. 21 TehsilRoad, Nokha, District- Bikaner Rajasthan

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----Appellants

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Versus

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Bhera Ram S/o Rekha Ram, R/o Behind Jain College, Gali No. 5, Gangasher Bikaner Raj.

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(Owner of the Vehicle RJ-07-TA-0482)

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Mangaj Singh S/o Sh. Dhanne Singh, R/o Palana, P.s. Deshnok, Tehsil- Deshnok, District- Bikaner (Raj.).

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(Driver of the Vehicle RJ-07-TA-0482)

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Reliance General Insurance Company Limited, Through Branch Manager Reliance General Insurance Compa, Branch Office Silvber, Rani Bazar, Bikaner (Raj.) (Insurer of the Vehicle RJ-07-TA-0482)

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----Respondents

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Connected With

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S.B. Civil Misc. Appeal No. 92/2017

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Reliance General Insurance Co. Ltd.,through Branch Manager, Reliance General Insurance Co. Ltd., 1-2A, Branch Office Silver Square, Rani Bazar, Bikaner.

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----Appellant

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Versus

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Smt. Bhanwari Devi W/o Late Bhagwan Das, aged about 46 years, R/o Ward No.21, Tehsil Road Nokha, DistrictBikaner.

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Mal Chand S/o Late Bhagwan Das, aged about 30 years, R/o Ward No.21, Tehsil Road Nokha, District- Bikaner

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Bhaira Ram S/o Rekha Ram, R/o Behind Jain College, Gali No. 5, Gangashaher Bikaner Raj. (Owner Of Vehicle No. RJ-07-TA-0482)

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Mangez Singh S/o Shri Dhanne Singh, R/o Palana Police Station, Deshnokh Tehsil And District- Bikaner (Driver Of Vehicle No. RJ-07-TA-0482)

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[2023:RJ-JD:38601]

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[CMA-2766/2016]

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2023:RJ-JD:38601]	(2 of 3) [CMA-2766/2016 ----Respondents
For Respective	: Mr. D.D.Chitlangi for claimants
Parties	: Mr. Vishal Singhal for Insurance Company-Reliance GIC Ltd.

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order/Judgment

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08/11/2023

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The Motor Accident Claims Tribunal, Bikaner vide judgment and award dated 07.09.2016 passed in Claim Case No. 31/2010 "Smt. Bhanwari Devi & Anr. Vs. Bhaira Ram & Ors." awarded compensation of Rs. 4,88,812/- with interest @ 7.5% per annum in favour of the claimants, which is under challenge in these two appeals preferred by the claimants and insurance company.

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It is submitted by learned counsel for the parties that during pendency of the appeal, the parties i.e. Insurance Company and the claimants have compromised the matter and agreed mutually to settle the matter at a lump sum amount of Rs. 4,00,000/which shall be paid by the Insurance Company to the claimants as a full and final settlement of the claim in addition to the amount already deposited/paid by the insurance company in compliance of the interim stay order dated 16.01.2017 passed by this Court and the appeals may be disposed of in terms of the compromise arrived at between the parties.

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Learned counsel for the 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.

[2023:RJ-JD:38601]

[CMA-2766/2016]

(3 of 3)

In view of settlement arrived at between the Insurance Company and the claimants, with the consent of learned counsel for the parties, these appeals are disposed of in following terms:

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The Insurance Company-Reliance GIC Ltd. shall pay to the claimants a sum of Rs. 4,00,000/- as lump sum amount in addition to the amount of compensation already paid/deposited by the Insurance Company in compliance of the interim order of this Court, as a full and final settlement of the Claim Case. The agreed amount shall be deposited by the 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 claimants in accordance with law.

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The award impugned dated 07.09.2016 passed by Motor Accident Claims Tribunal, Bikaner in Claim Case No. 31/2010 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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253-254-RP/-

Reliance Genral Insurance Company Ltd. v. Smt. Bhanwari Devi and Ors.

Case brief

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Reliance Genral Insurance Company Ltd. v. Smt. Bhanwari Devi and Ors.

Case brief

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