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2022 Supreme(Raj) 2625
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Reliance General Insurance Co. Ltd – Appellant
Versus
Kesar & Ors. – Respondent
S.B. Civil Miscellaneous Appeal No. 1281 of 2015
Decided On : 19-12-2022
Vishal Singhal, Advocate, Sandep Saruparia, Advocate
The court recognized and gave effect to the compromise settlement reached by the parties, leading to the disposal of the appeal.
Headnote:
Motor Vehicle Act, 1988 - Compromise Settlement - The court disposed of the appeal after the appellant-Insurance Company and respondents reached a compromise settlement, agreeing to a lump sum payment to the respondents within two months.
Fact of the Case:
The appellant filed a Misc. Appeal against the judgment of the Motor Accident Claims Tribunal, which awarded compensation to the respondents. During the appeal, the parties reached a compromise settlement.
Finding of the Court:
The court disposed of the appeal in view of the compromise settlement reached by the parties.
Issues:
Ratio Decidendi: The court's decision was influenced by the mutual agreement and compromise reached by the appellant-Insurance Company and the respondents, leading to the disposal of the appeal.
Final Decision: The appeal was disposed of in accordance with the terms of the settlement reached by the parties.
JUDGMENT
Manoj Kumar Garg, J. - This Misc. Appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 against the judgment dated 07.04.2015 passed by the learned Judge, Motor Accident Claims Tribunal, Rajsamand in MACT Claim No.41/2014 whereby the learned Judge, Motor Accident Claims Tribunal, Rajsamand (hereinafter referred to as ’the Tribunal’) awarded compensation of Rs.13,81,000/- along-with interest @ 9% p.a. from the date of filing the claim petition.
2. During the pendency of the instant appeal, appellant-Insurance Company and respondents made sincere endeavor to resolve the dispute by mutual agreement. After due deliberations, rival parties have arrived at a compromise and agreed to settle the matter amicably.
3. In terms of the settlement, appellant-Insurance Company has agreed to pay a lump sum amount of Rs.6,55,000/- (Rs. Six lac Fifty Five Thousand) to respondents No.1 to 4 within two months, in addition to the amount already deposited by the Insurance Company; the amount so agreed shall be deposited by the appellant-Insurance Company with the Tribunal within a period of two months from today, failing which, the same shall carry interest @ 9% per annum from the date of this order till actual realization. Both the parties are agreeable to the conditions of the settlement, therefore, the appeal deserved to be disposed of accordingly.
Accordingly, the appeal is disposed of in view of the above terms.
