Bharti Axa General Ins. Co. Ltd. v. Dinesh and Ors.

Rajasthan HC8 Jan 2025CMA/1156/2016

Case brief

AI extract

What is this about?

Motor accident compensation appeal disposed on Lok Adalat compromise; modification of MACT award; lumpsum full and final settlement; default interest 7.5% p.a. on delayed deposit; Bharti Axa General Insurance Co. Ltd. v. Dinesh; MAC Case No.131/2011, MACT Rajsamand; S.B. Civil Misc. Appeal No. 1156/2016; Rajasthan High Court, Jodhpur; Rekha Borana, J.; order dated 08/01/2025.

What did the court decide?

Appeal disposed of: impugned award modified; Insurance Company to pay lumpsum Rs.2,60,000/- to claimants as full and final settlement in addition to the amount already paid, to be deposited with the Tribunal within two months (failing which interest @7.5% per annum till realisation); disbursement in claimants' savings bank accounts; record to be sent back forthwith; pending applications, if any, disposed of. ¶¶22

Bharti Axa General Ins. Co. Ltd. Vs Dinesh and Ors. — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶22

Issue for consideration

Whether, in view of the compromise entered into between the parties in the spirit of Lok Adalat, the impugned award dated 15.12.2015 should be modified and the appeal disposed of on agreed terms.

¶¶13

Court's answer

In the spirit of Lok Adalat and on the basis of the parties' compromise, the impugned award is modified: the Insurance Company shall pay a lumpsum of Rs.2,60,000/- to the claimants as a full and final settlement of the case, in addition to the amount already paid.

¶¶20

Ratio / Principle

The agreed amount shall be deposited by the Insurance Company with the Tribunal within two months; failing which it shall carry interest @7.5% per annum from the date of the order till actual realisation, and the compensation is to be disbursed/deposited in terms of the Award in the savings bank account of the claimants.

¶¶20

Detailed headnote1 paragraphs

Rajasthan High Court, Jodhpur (Rekha Borana, J.) — S.B. Civil Misc. Appeal No. 1156/2016, Bharti Axa General Ins. Co. Ltd. v. Dinesh & Ors., order dated 08/01/2025: appeal against the award dated 15.12.2015 of the Motor Accident Claims Tribunal, Rajsamand in MAC Case No.131/2011 (claim partly allowed; insurer held jointly and severally liable for Rs.6,85,000/- with 9% interest) was disposed of on a compromise arrived at in the spirit of Lok Adalat. The impugned award was modified: the Insurance Company to pay a lumpsum of Rs.2,60,000/- to the claimants as full and final settlement in addition to the amount already paid, depositable with the Tribunal within two months, failing which the amount carries interest @7.5% per annum from the date of the order till realisation; compensation to be disbursed in the claimants' savings bank accounts; record to be sent back; pending applications disposed of.

¶1

[2025:RJ-JD:1099]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Misc. Appeal No. 1156/2016

¶4

Bharti Axa General Ins. Co. Ltd.

----Appellant

Versus

Dinesh And Ors.

----Respondents

For Appellant(s)	: Mr. Santosh Choudhary
For Respondent(s)	: Mr. Nikhil Ajmera for
	Mr. SandeepSaruparia

¶10

HON'BLE MS. JUSTICE REKHA BORANA

¶11

Order

¶12

08/01/2025

¶13

A joint submission has been made by learned counsels for the claimant and the Insurance Company that a compromise has been entered into between the parties in the spirit of Lok Adalat.

¶14

Mr. Sanjay Singh, the Legal Manager of appellant-Insurance Company has been authorized by the Insurance Company to enter into the said compromise.

¶15

The present civil misc. appeal has been preferred against the judgment and award dated 15.12.2015 passed in MAC Case No.131/2011 by learned Motor Accident Claims Tribunal, Rajsamand whereby claim of the claimants seeking compensation was partly allowed holding defendant No.3-Insurance Company also jointly and severally liable to pay compensation of Rs.6,85,000/- with interest @9% per annum.

[2025:RJ-JD:1099]

[CMA-1156/2016]

(2 of 2)

Learned counsel for the parties have placed on record a memorandum of understanding/compromise entered into between the parties, which is taken on record.

¶20

In view of the above and in the spirit of Lok Adalat, the impugned award is modified and now, the Insurance Company shall pay a lumpsum amount of Rs.2,60,000/- to the claimants as a full and final settlement of the case in addition to the amount already paid. The amount so agreed shall be deposited by the 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 amount of compensation be disbursed/deposited in terms of the Award in the saving bank account of the claimants.

¶21

Office is directed to send back the record forthwith.

¶22

The appeal is disposed of with the above observations.

¶23

All pending applications, if any, stand disposed of .

¶24

(REKHA BORANA),J

¶25

172-T.Singh/-

Bharti Axa General Ins. Co. Ltd. v. Dinesh and Ors.

Case brief

What is this about?

What did the court decide?

Bharti Axa General Ins. Co. Ltd. v. Dinesh and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Bada Ram Vs Shashi Prakash and Anr.

Durasdan and Ors. Vs Mahendra Singh and Ors.

Prema Devi and Anr. Vs Gurvindra Singh and Ors.

Mohan Lal Vs Tejas Desai and Ors.

Sunita Vs Parmudi and Anr.

Chandra Shekhar Singh Vs Kanhaiya Lal and Anr.