Disposed

Bhanwar Singh and Ors. v. I.C.I.C.I. General Ins. Co. Ltd. and Ors.

Rajasthan HC29 Jan 2024CMA/2089/2013

Case brief

AI extract

What is this about?

The High Court allowed the appellant's plea for condonation of delay under Section 5 of the Limitation Act. A memorandum of understanding was accepted, enhancing the compensation amount to Rs. 4,87,000 as a full and final settlement in a spirit of Lok Adalat. The impugned award was modified accordingly.

What did the court decide?

Delay condoned; compensation enhanced by Rs. 1,90,000 to Rs. 4,87,000 as full and final settlement; impugned award modified.

Bhanwar Singh and Ors. Vs I.C.I.C.I. General Ins… — Motor Accident Claims | Rajasthan HC (2024)

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[2024:RJ-JD:4384]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 2089/2013

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Bhanwar Singh And Ors.

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----Appellants

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Versus

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I.c.i.c.i. General Ins. Co. Ltd. And Ors.

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----Respondents

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For Appellant(s)	: Mr. Ayush Gehlot for Mr. Mudit Vaishnav
For Respondent(s)	: Mr. Vinay Kothari through VC assisted byMr. Ayush Goyal

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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29/01/2024

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Although the matter was directed to be listed on 06.03.2024, permission was sought by learned counsel for the claimants as well as the respondents for listing of the matter with the submission that a settlement has been arrived into between the parties. Therefore, the matter has been listed today.

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On 18.01.2024, when the matter was listed, learned counsel for the parties had submitted before the Court that the parties have reached to a settlement. Therefore, the Court directed that no notices be issued in the matter.

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However, a perusal of the record shows that the notices had already been directed to be issued on 24.01.2018. Even the service on respondent Nos.1 & 2 is complete. Service on respondent No.3 being the driver of the vehicle in question is dispensed with.

[2024:RJ-JD:4384]

[CMA-2089/2013]

(2 of 3)

The appeal is reported to be barred by 27 days. The application under Section 5 of the Limitation has been filed for condonation of the said delay.

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For the reasons stated in the application, the same is allowed . The delay caused in filing the present appeal is condoned.

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Learned counsel for the parties have placed on record a memorandum of understanding/compromise as entered into between the parties, which is taken on record. 6. The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded vide judgment dated 29.06.2013 passed in MAC Case No.312/2010 by learned Judge, Motor Accident Claims Tribunal, Bhilwara (Raj.) whereby the claim of the appellants seeking compensation against the respondents was partly allowed holding defendant No.1 also liable to pay compensation of Rs.2,97,000/with interest @6% per annum.

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In view of the above and in spirit of lok adalat, the compensation amount as awarded by the impugned judgment/award dated 29.06.2013 is further enhanced by Rs.1,90,000/- in favour of the claimants-appellants as a full and final settlement of the case. The amount so agreed shall be deposited by respondent No.1-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 enhanced amount of compensation be disbursed/deposited in terms of the award in the saving bank account of the claimants-appellants. The impugned

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[2024:RJ-JD:4384] (3 of 3) [CMA-2089/2013]

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judgment/award dated 29.06.2013 passed by learned Judge, Motor Accident Claims Tribunal, Bhilwara (Raj.) in MAC Case No. 312/2010 is modified accordingly.

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In view of the above, the appeal is disposed of .

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(REKHA BORANA),J

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338-KashishS/-

Bhanwar Singh and Ors. v. I.C.I.C.I. General Ins. Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Bhanwar Singh and Ors. v. I.C.I.C.I. General Ins. Co. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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