Durasdan and Ors. Vs Mahendra Singh and Ors. — Rajasthan HC (2025) — LawSathi Research

Durasdan and Ors. Vs Mahendra Singh and Ors. — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Settlement-based relief across all three appeals: ICICI Lombard General Insurance Company Ltd. admitted liability to indemnify the owner and to pay the claimants lumpsum full-and-final amounts — Rs.6,39,000/- (CMA 4958/2011), Rs.6,03,000/- (CMA 4979/2011) and Rs.1,20,000/- (CMA 2664/2017) — to be deposited with the respective Tribunals within three months, failing which the sums carry interest @7.5% per annum from the date of the order till actual realization; amounts to be credited to the claimants' savings bank accounts; claimants to refund to owner/driver any amounts already received in furtherance of the Awards.

Issue for consideration

Whether, notwithstanding the Tribunal's earlier exoneration of the Insurance Company from liability, the claimants are entitled to an enhanced lumpsum full-and-final settlement from the Insurance Company pursuant to the parties' compromise (insurer having admitted liability), payable within three months and otherwise carrying interest @7.5% per annum till realization. +1 more

Court's answer

In S.B. Civil Misc. Appeal No.4958/2011, in view of the settlement between the parties and in spirit of Lok Adalat, the court held that the claimants shall be entitled to a lumpsum of Rs.6,39,000/- as a full and final settlement of the case.

Ratio / Principle

The agreed sum shall be deposited by the Insurance Company with the Tribunal within three months, failing which it shall carry interest @7.5% per annum from the date of the order till actual realization; the lumpsum is to be disbursed/deposited in terms of the award in the savings bank account of the claimants-appellants.

Key takeaways

In S.B. Civil Misc. Appeal No.4979/2011, in terms of the settlement and in spirit of Lok Adalat, the court held that the claimants shall be entitled to a lumpsum of Rs.6,03,000/- as a full and final settlement of the case.ratio¶¶54
In Appeal No.4979/2011 likewise, the agreed sum is to be deposited by the Insurance Company with the Tribunal within three months, failing which it carries interest @7.5% per annum from the date of the order till actual realization, and is to be disbursed/deposited in the savings bank account of the claimants-appellants.ratio¶¶54

Detailed headnote1 paragraphs

Three connected motor-accident claims appeals — S.B. Civil Misc. Appeal Nos. 4958/2011 and 4979/2011 (both Durasdan And Ors. v. Mahendra Singh And Ors., challenging the judgments/awards dated 29.08.2011 of MACT Barmer in MAC Case No.154/2010 and MAC Case No.155/2010, where awards of Rs.2,25,000/- and Rs.1,80,000/- plus 9% interest were made while exonerating the insurer) and No.2664/2017 (Durasdan alias Dashrath Dan v. Hari Singh (owner), Mahendra Singh (driver) and ICICI Lombard General Insurance Co. Ltd., challenging the judgment/award dated 14.07.2017 of MACT Jodhpur Metro in MAC Case No.385/2014 (NCV No.3164/2014), award Rs.77,188/- plus 6% interest) — were disposed of on 07.01.2025 by Hon'ble Ms. Justice Rekha Borana upon joint memos of understanding/compromise taken on record. In each case the Insurance Company (via its authorised Legal Manager, Mr. Sanjay Singh) admitted liability to indemnify the owner and pay the claimants; lumpsum full-and-final settlements of Rs.6,39,000/-, Rs.6,03,000/- and Rs.1,20,000/- respectively were fixed, to be deposited with the Tribunals within three months failing which interest @7.5% per annum runs from the date of order till actual realization, for disbursement to the claimants' savings bank accounts. Counsel for appellant-claimants waived appellant No.3's (sibling of deceased) claim, directing the complete enhanced amount to appellants Nos.1 & 2 (parents); claimants undertook to refund any amounts received from owner/driver; the record in Appeal No.4979/2011 was ordered returned to the Tribunal forthwith; pending applications stood disposed of.

[2025:RJ-JD:1259]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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

Durasdan And Ors.

----Appellants

Versus

Mahendra Singh And Ors.

----Respondents

Connected With

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

Durasdan And Ors.

----Appellants

Versus

Mahendra Singh And Ors.

----Respondents

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

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

----Appellant

Versus

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

Owner

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

Driver

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

Insurer

----Respondents

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

Order

07/01/2025

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

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.

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.

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

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.

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.

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

[2025:RJ-JD:1259]

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.

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.

The appeal is disposed of with the above observations.

Pending applications, if any, stand disposed of .

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

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.

Today, learned counsel for the appellants-claimants as well

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.

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.

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

The appeal is disposed of with the above observations.

Pending applications, if any, stand disposed of .

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

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.

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.

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.

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.

The appeal is disposed of with the above observations.

Pending applications, if any, stand disposed of .

(REKHA BORANA),J

225-227-T.Singh/-