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Rajasthan High Court · body

2025 DIGILAW 701 (RAJ)

I. c. i. c. i. lombard G. i. c. ltd. v. Kushal

2025-03-11

NUPUR BHATI

body2025
Order : 1. A joint submission has been made by learned counsel for the parties that a compromise has been entered into between the parties in the spirit of Lok Adalat. 2. The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded vide judgment/award dated 16.07.2013 in MAC Case No.721/2011 (67/08) whereby the claim of the appellant seeking compensation against the respondents was allowed also holding the insurance company liable jointly and severally to pay compensation of Rs.17,90,000/- along with interest @ 8% per annum. 3. Learned counsel for the parties have placed on record a Memorandum of understanding (‘MOU’) dated 11.03.2025 and submit that the parties have arrived at a settlement and the claim has been amicably settled, as the insurance company has agreed to pay an amount of Rs.51,00,000/- in addition to the amount already paid. 4. Learned counsel for the appellant submits that as the claimant No.2 i.e. Sunita Ratadiya has expired during the pendency of the appeal and her legal representatives are already on record, the enhanced amount be disbursed to the remaining claimants only. 5. Learned counsel for the appellant in SBCMA No.1914/2013, also submits that as settlement in the spirit of lok adalat has been entered into between the parties, therefore, upon his oral request, delay in filing of the appeal may be condoned. 6. Learned counsel for the respondent-insurance company does not raise any objection to the same. 7. Thus, taking into consideration the fact that the parties have arrived at a settlement, in the spirit of Lok Adalat, delay in filing of the appeal is condoned. 8. In view of the above and in spirit of Lok Adalat, the compensation amount as awarded by the learned Tribunal vide impugned judgment dated 16.07.2013, is further enhanced by Rs.51,00,000/- in favour of the claimants/appellants as a full and final settlement of the case. The amount so agreed shall be deposited by the 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 amount so agreed shall be deposited by the 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 enhanced amount of compensation be disbursed/deposited in the savings bank account of the legal representatives of the claimant No.2 i.e. Sunita Ratadiya, as it has been apprised that before filing of the appeal, the claimant No.2 i.e. Sunita Ratadiya had expired and thus, the amount be disbursed to the remaining claimants only. 9. Accordingly, the instant misc. appeal is disposed of. Pending applications, if any, also stand disposed of. 10. The MOU dated 11.03.2025 is taken on record. 11. A copy of this order be placed in each file.