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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Rekha Borana, J.
Presta & Ors. – Appellant
Versus
Narendra Kumar & Ors. – Respondent
S.B. Civil Miscellaneous Appeal No. 1404 of 2016
Decided On : 14-12-2022
Settlement - Insurance Claim - The court approved a settlement between the parties, where the respondent-Insurance Company agreed to pay a sum of Rs.2,00,000/- in lieu of the final settlement to the appellants/claimants.
Fact of the Case:
The parties reached a settlement where the respondent-Insurance Company agreed to pay Rs.2,00,000/- to the claimants as a full and final settlement.
Finding of the Court:
The court approved the settlement and enhanced the impugned award by Rs.2,00,000/- in favor of the claimants, disposing of the appeal.
Issues:
Ratio Decidendi: The court's decision was influenced by the settlement reached between the parties, leading to the modification of the impugned award in favor of the claimants.
Final Decision: The appeal was disposed of, and the court directed the respondent-Insurance Company to deposit the enhanced amount of compensation with the Tribunal within a specified period.
JUDGMENT
Rekha Borana, J. - An application has jointly been preferred by learned counsel for the appellant as well as the respondents with a submission that a settlement has been arrived at between the parties and as per the settlement, the respondent-Insurance Company has agreed to pay a sum of Rs.2,00,000/- in lieu of the final settlement to the appellants/claimants.
2. In view of the submissions made in the application and with the consent of the parties, the impugned award dated 20.04.2016 is further enhanced by Rs.2,00,000/- in favour of the claimant(s)/ appellant(s) as a full and final settlement of the case. The amount so agreed shall be deposited by the respondent-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 enhanced amount of compensation be disbursed in terms of the award in the saving bank account of the claimant(s). The award impugned dated 20.04.2016 passed by MACT, Jaitaran, District Pali in Claim Case No.16/2014 is modified accordingly.
In view of the above, the appeal is disposed of.
The Registry to send back the record forthwith.
The court's approval of the settlement and modification of the impugned award based on the agreement reached between the parties.
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The court's decision was based on the mutual agreement between the parties, leading to the modification of the impugned award and the direction for disbursement of the enhanced compensation.
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The court recognized a lawful settlement between parties regarding compensation and enforced the terms of the memorandum of agreement.
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Court emphasized the legality of mediation settlements and compliance for claims payment.
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