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2022 Supreme(Raj) 2717
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Mool Chand & Ors. – Appellant
Versus
Prakash Chandra – Respondent
S.B. Civil Miscellaneous Appeal No. 968 of 2013
Decided On : 07-12-2022
Manish Pitaliya, Advocate, RS Bhat, Advocate, Vinay Kothari, Advocate
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.
Headnote:
Settlement - Motor Accidents Claims Tribunal - The court disposed of the appeal in terms of the mutual agreement between the parties, whereby the respondent-insurer agreed to pay a lump sum amount for full and final settlement of the dispute.
Fact of the Case:
The appellant-claimants and respondents made sincere endeavours to resolve the dispute by mutual agreement. The respondent-insurer agreed to pay a further lump sum amount within six weeks for full and final settlement.
Finding of the Court:
The court disposed of the appeal in terms of the mutual agreement between the parties, modifying the impugned award and directing the disbursement of the enhanced compensation.
Issues:
Ratio Decidendi: The court's decision was influenced by the mutual agreement between the parties, leading to the modification of the impugned award and the direction for disbursement of the enhanced compensation.
Final Decision: The instant appeal was disposed of in terms of the mutual agreement between the parties, and the court directed the registry to send back the record if received forthwith.
JUDGMENT
Madan Gopal Vyas, J. - Learned counsel for the respondent-Insurer has submitted following ground in application for early listing of the case:-
"That both the parties have decided to settle the dispute on mutually agreed terms and conditions, whereby the respondent-Insurance Company has agreed to pay Rs.3,25,000/-for the purpose of full and final settlement of the dispute."
2. Pending instant appeal, appellant-claimants and respondents made sincere endeavour to resolve the dispute by mutual agreement. After threadbare deliberations, rival parties have agreed to settle the matter perpetually.
3. In terms of settlement, respondent-insurer has agreed to pay appellant-claimants further lump sum amount of Rs.3,25,000/-(Rupees Three Lakhs Twenty Five Thousand) within six weeks, in addition to the amount already deposited by the Insurance Company in compliance of the impugned award in favour of the appellant-claimants, as a full and final settlement of the case. The amount so agreed shall be deposited by the respondent-Insurer with the Tribunal within a period of two months from today, failing which the same shall carry interest @ 7% per annum from the date of this order till actual realization.
4. The enhanced amount of compensation be disbursed in terms of the award in the saving bank account of the appellant-claimants. The award impugned dated 22.01.2013 passed by Motor Accidents Claims Tribunal, Bhilwara in Claim Case No.616/2010 is modified accordingly.
5. Accordingly, the instant appeal is disposed of in terms of the mutual agreement arrived at between the parties.
6. The Registry is directed to send back the record, if received forthwith.
