Disposed

Durasdan and Ors. v. Mahendra Singh and Ors.

Rajasthan HC7 Jan 2025CMA/4958/2011

Case brief

AI extract

What is this about?

Appeals challenging Motor Accident Claims Tribunal awards exonerating the insurance company were disposed of on the basis of a compromise. The insurance company agreed to pay lump sum amounts to claimants as full and final settlement in spirit of Lok Adalat.

What did the court decide?

Lump sum compensation awarded via settlement: Rs. 6,39,000/-, Rs. 6,03,000/-, and Rs. 1,20,000/- payable by Insurance Company within three months.

Durasdan and Ors. Vs Mahendra Singh and Ors. — Motor Accident Claims | Rajasthan HC (2025)

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[2025:RJ-JD:1259]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 4958/2011

Durasdan And Ors.

----Appellants

Versus

Mahendra Singh And Ors.

¶8

----Respondents

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Connected With

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S.B. Civil Misc. Appeal No. 4979/2011

Durasdan And Ors.

----Appellants

Versus

Mahendra Singh And Ors.

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----Respondents

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S.B. Civil Misc. Appeal No. 2664/2017

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Durasdan Alias Dashrath Dan, Son Of Shri Ganesh Dan, At Present Resident Of 60, Balaji Nagar, Salavas Road, Near Sangaria Bye- Pass Road, Jodhpur.

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----Appellant

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Versus

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Hari Singh, Son Of Shri Jugat Singh, By Caste Rajput, Resident Of Chak 12 Awd, Village Nachna, Tehsil Pokaran, District Jaisalmer.

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Owner

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Mahendra Singh, Son Of Shri Narain Singh, By Caste Rajput, Resident Of Village Balai, Tehsil Shiv, District Barmer.

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Driver

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ICICI Lombard General Insurance Company Limited, Through Its Manager, 9A, 1B/iii, Gulinda Bhawan, Ratanada, Jodhpur.

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Insurer

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----Respondents

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For Appellant(s)	: Mr. Sunil Bhandari for
	Mr. Anil Bhandari
For Respondent(s)	: Mr. Jagdish Vyas

(2 of 6)

[2025:RJ-JD:1259]

[CMA-4958/2011]

HON'BLE MS. JUSTICE REKHA BORANA

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Order

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07/01/2025

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In S.B. Civil Misc. Appeal No.4958/2011

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The present civil misc. appeal has been preferred against the judgment and award dated 29.08.2011 passed by Motor Accident Claims Tribunal, Barmer in MAC Case No.154/2010 whereby while passing an award of Rs.2,25,000/- with interest at the rate of 9% per annum in favour of the claimants, the learned Tribunal proceeded on to exonerate the respondent-Insurance Company from the liability to pay the compensation.

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Today, learned counsel for the appellants-claimants as well as the Insurance Company jointly submitted a memo of understanding/compromise with a submission that the matter has been settled between the parties, which is taken on record.

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Mr. Sanjay Singh, the Legal Manager of respondentInsurance Company has been authorised by the Insurance Company to enter into the said compromise.

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As per the settlement entered into between the parties, the Insurance Company has admitted its liability to indemnify the owner and to pay the compensation to the claimants. It has further been settled that a lumpsum amount of Rs.6,39,000/shall be paid by the Insurance Company to the claimants as a full and final settlement qua the award in question.

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The claimants have also undertaken that the amount, if any, received by them from the owner/driver in furtherance of the Award, shall be returned/refunded back by them to the owner/driver.

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(3 of 6) [CMA-4958/2011]

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[2025:RJ-JD:1259]

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Learned counsel for the appellant-claimants, on instructions, waived the ground pertaining to non-grant of any compensation/award to appellant No.3 (sibling of deceased) and submitted that the complete enhanced amount be directed to be paid to appellant-claimants Nos.1 & 2 i.e. parents of the deceased.

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In view of the above and in terms of the settlement as entered into between the parties and in spirit of Lok Adalat, it is held that now the claimants shall be entitled to a lumpsum amount of Rs.6,39,000/- as a full and final settlement of the case. The amount so agreed shall be deposited by Insurance Company with the Tribunal within a period of three months from today failing which, the same shall carry interest @7.5% per annum from the date of this order till actual realization. The lumpsum amount of compensation be disbursed/deposited in terms of the award in the saving bank account of the claimants-appellants.

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The appeal is disposed of with the above observations.

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Pending applications, if any, stand disposed of .

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In S.B. Civil Misc. Appeal No.4979/2011

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The present civil misc. appeal has been preferred against the judgment and award dated 29.08.2011 passed by Motor Accident Claims Tribunal, Barmer in MAC Case No.155/2010 whereby while passing an award of Rs.1,80,000/- with interest at the rate of 9% per annum in favour of the claimants, the learned Tribunal proceeded on to exonerate the respondent-Insurance Company from the liability to pay the compensation.

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Today, learned counsel for the appellants-claimants as well

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as the Insurance Company jointly submitted a memo of

[2025:RJ-JD:1259]

[CMA-4958/2011]

(4 of 6)

understanding/compromise with a submission that the matter has been settled between the parties, which is taken on record.

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Mr. Sanjay Singh, the Legal Manager of respondentInsurance Company has been authorised by the Insurance Company to enter into the said compromise. 4. As per the settlement entered into between the parties, the Insurance Company has admitted its liability to indemnify the owner and to pay the compensation to the claimants. It has further been settled that a lumpsum amount of Rs.6,03,000/shall be paid by the Insurance Company to the claimants as a full and final settlement qua the award in question. 5. The claimants have also undertaken that the amount, if any, received by them from the owner/driver in furtherance of the Award, shall be returned/refunded back by them to the owner/driver. 6. Learned counsel for the appellant-claimants, on instructions, waived the ground pertaining to non-grant of any compensation/award to appellant No.3 (sibling of deceased) and submitted that the complete enhanced amount be directed to be paid to appellant-claimants Nos.1 & 2 i.e. parents of the deceased. 7. In view of the above and in terms of the settlement as entered into between the parties and in spirit of Lok Adalat, it is held that now the claimants shall be entitled to a lumpsum amount of Rs.6,03,000/- as a full and final settlement of the case. The amount so agreed shall be deposited by Insurance Company with the Tribunal within a period of three months from today failing which, the same shall carry interest @7.5% per annum from the date of this order till actual realization. The lumpsum

[2025:RJ-JD:1259]

[CMA-4958/2011]

(5 of 6)

amount of compensation be disbursed/deposited in terms of the award in the saving bank account of the claimants-appellants.

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Let the record be sent back to the learned Tribunal forthwith.

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The appeal is disposed of with the above observations.

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Pending applications, if any, stand disposed of .

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In S.B. Civil Misc. Appeal No.2664/2017

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The present civil misc. appeal has been preferred against the judgment and award dated 14.07.2017 passed by Motor Accident Claims Tribunal, Jodhpur Metro in MAC Case No.385/2014 (NCV No.3164/2014) whereby while passing an award of Rs.77,188/with interest at the rate of 6% per annum in favour of the claimant, the learned Tribunal proceeded on to exonerate the respondent-Insurance Company from the liability to pay the compensation.

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Today, learned counsel for the appellant-claimant as well as the Insurance Company jointly submitted a memo of understanding/compromise with a submission that the matter has been settled between the parties, which is taken on record.

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Mr. Sanjay Singh, the Legal Manager of respondentInsurance Company has been authorised by the Insurance Company to enter into the said compromise. 4. As per the settlement entered into between the parties, the Insurance Company has admitted its liability to indemnify the owner and to pay the compensation to the claimant. It has further been settled that a lumpsum amount of Rs.1,20,000/- shall be paid by the Insurance Company to the claimant as a full and final settlement qua the award in question.

(6 of 6)

[2025:RJ-JD:1259]

[CMA-4958/2011]

The claimant has also undertaken that the amount, if any, received by him from the owner/driver in furtherance of the Award, shall be returned/refunded back by him to the owner/driver.

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In view of the above and in terms of the settlement as entered into between the parties and in spirit of Lok Adalat, it is held that now the claimant shall be entitled to a lumpsum amount of Rs.1,20,000/- as a full and final settlement of the case. The amount so agreed shall be deposited by Insurance Company with the Tribunal within a period of three months from today failing which, the same shall carry interest @7.5% per annum from the date of this order till actual realization. The lumpsum amount of compensation be disbursed/deposited in the saving bank account of the claimant-appellant.

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The appeal is disposed of with the above observations.

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Pending applications, if any, stand disposed of .

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(REKHA BORANA),J

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225-227-T.Singh/-

Durasdan and Ors. v. Mahendra Singh and Ors.

Case brief

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Durasdan and Ors. v. Mahendra Singh and Ors.

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Durasdan and Ors. Vs Mahendra Singh and Ors.