BHARTI AXA GENERAL INS. CO. LTD. v. DINESH AND ORS.
CMA/1156/2016 · 2025-01-08
Rekha Borana
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36207 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36207 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JD:1099] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1156/2016 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. Sandeep Saruparia HON'BLE MS. JUSTICE REKHA BORANA
Order 08/01/2025
1. 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.
2. Mr. Sanjay Singh, the Legal Manager of appellant-Insurance Company has been authorized by the Insurance Company to enter into the said compromise.
3. 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] (2 of 2) [CMA-1156/2016]
4.
Learned counsel for the parties have placed on record a memorandum of understanding/compromise entered into between the parties, which is taken on record.
5. 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.
6. Office is directed to send back the record forthwith.
7. The appeal is disposed of with the above observations.
8. All pending applications, if any, stand disposed of.
(REKHA BORANA),J 172-T.Singh/-