Back
2017 Supreme(Raj) 152
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHESH CHANDRA SHARMA, J.
Master Lokesh Kumar - Appellant
Versus
Banwari Lal Yadav And Others - Respondents
S.B. Civil Miscellaneous Appeal No. 1642 of 2015
Decided On : 14-02-2017
For the Appellant : Mr. Govind Gupta.
For the Respondents: Mr. V.P. Mathur.
The court can modify an award based on a compromise between the parties and provide for payment terms and interest in case of delayed payment.
Headnote:
Compromise - Motor Accident Claims Tribunal - The court allowed the appeal for enhancement of compensation based on the compromise reached between the claimants and the insurance company, directing the insurance company to deposit the enhanced amount with the tribunal and providing for interest in case of delayed payment.
Fact of the Case:
The appeal was filed against the judgment and award passed by the Motor Accident Claims Tribunal for enhancement of compensation. The parties agreed to dispose of the appeal based on a compromise, with the insurance company consenting to enhance the amount in favor of the claimants.
Finding of the Court:
The court partly allowed the appeal, directing the insurance company to deposit the enhanced amount with the tribunal within six weeks and providing for interest in case of delayed payment. The impugned award was modified accordingly.
Issues: Enhancement of compensation, agreement between parties, payment terms
Ratio Decidendi: The court can allow an appeal for enhancement of compensation based on a compromise reached between the parties, and can provide for payment terms and interest in case of delayed payment.
Final Decision: The appeal was partly allowed, with the insurance company directed to deposit the enhanced amount with the tribunal within six weeks. The impugned award was modified accordingly.
1. This appeal has been filed against the impugned judgment and award passed by the Motor Accident Claims Tribunal for enhancement of the quantum of compensation.
2. Keeping in view the pious work of Lok Adalat, at this stage, the counsel for both the parties i.e. the claimants and the insurance company agree that this appeal may be disposed of on the basis of the compromise.
3. The learned counsel for the respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.20,000/- (rupees twenty thousands only) in favour of claimants. This amount shall be in addition to the amount awarded by the learned Tribunal and the claimants-appellants are held entitled to get the aforesaid amount.
4. In view of above, this appeal is partly allowed and it is directed that the respondent-insurance company shall deposit the aforesaid enhanced amount with the learned Tribunal within a period of six weeks from the date of receipt of certified copy of this order and the same shall be disbursed to the claimants immediately. In case the amount is not paid to the claimants within the stipulated period of six weeks, the claimants shall be entitled to interest @ 9% per annum on the enhanced amount from the date of passing of this judgment. Rest of the terms under the award shall remain unchanged.
6. However, it is made clear that if there is any breach of insurance policy or violation of the terms of the policy, the respondent/insurance company shall be at liberty to move an application before the executing court for recovering the amount from the owner of the offending vehicle or he can move an application before this court for recalling of the order.
7. The impugned award stands modified, as indicated here-in-above.
