Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Reliance General Insurance Co. Ltd – Appellant
Versus
Sunita Devi & Ors. – Respondents
S.B. Civil Miscellaneous Appeal No. 1922 of 2014
Decided On : 18-02-2022
Motor Vehicles Act, 1988 - Civil Misc. Appeal - Modification of judgment and award
Fact of the Case:
The appellant-Insurance Company filed a civil misc. appeal against the judgment and award passed by the Motor Accident Claims Tribunal, which awarded compensation to the claimants/respondents. The appellant-Insurance Company was directed to deposit a certain amount, and both parties agreed on a lump-sum payment in the spirit of Lok adalat.
Finding of the Court:
The civil misc. appeal was partly allowed, and the impugned judgment and award were modified to require the appellant-Insurance Company to pay a lump-sum amount to the claimants/respondents in addition to the amount already paid, as agreed by them. Non-payment within the stipulated time would result in the appellant-Insurance Company paying interest at a specified rate.
Issues: The main issue was the modification of the judgment and award passed by the Motor Accident Claims Tribunal, particularly regarding the payment of compensation to the claimants/respondents.
Ratio Decidendi: The court considered the submissions made by the parties and decided to partly allow the civil misc. appeal, modifying the judgment and award to require the appellant-Insurance Company to make an additional lump-sum payment to the claimants/respondents as agreed by them.
Final Decision: The civil misc. appeal was partly allowed, and the impugned judgment and award were modified to require the appellant-Insurance Company to make an additional lump-sum payment to the claimants/respondents as agreed by them, with the provision for interest if the payment was not made within the stipulated time.
JUDGMENT
Manoj Kumar Garg, J. - This civil misc. appeal has been filed under Section 173 of Motor Vehicles act, 1988 by the appellant-Insurance Company against the judgment and award dt. 01.07.2014 passed by the Judge, Motor accident Claims Tribunal Churu in MaC Case No.108/2012, vide which the learned Judge awarded compensation to the tune of Rs.16,84,000/- along with interest @ 6% per annum to the claimants/respondents.
2. This Court while staying the execution of the impugned award vide order dt. 09.01.2015 directed the appellant-Insurance Company to deposit Rs.14,00,000/-, which is said to be disbursed to the claimants.
3. Learned counsel for the parties submits that in the spirit of Lok adalat, both the parties have agreed on payment of a lump-sum amount of Rs.5,40,000/- in addition to the amount already paid to the claimants-respondents. Therefore, it is prayed that the judgment and award impugned may be modified accordingly.
4. In view of the submissions made by the parties, the civil misc. appeal is partly allowed. The impugned judgment & award dt. 01.07.2014 is modified to the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.5,40,000/- to the claimants/respondents in addition to the amount already paid to the claimants, as agreed by them, within a period of one month from today. If the aforesaid lump sum amount is not paid to the claimants within the stipulated time, the appellant-Insurance Company shall also pay interest @ 7% per annum over the due amount from the date of this order. The amount so deposited by the appellant-Insurance Company shall be deposited in the saving account of the respondents-claimants, the details of which shall be furnished by the respondents-claimants before the Tribunal.
5. Record of the Tribunal, received if any, be sent back immediately.
The court has the authority to modify judgments and awards, taking into account the submissions and agreements made by the parties involved.
The Court's decision was influenced by the agreement reached by the parties in the spirit of Lok adalat, highlighting the importance of alternative dispute resolution mechanisms in resolving compensa....
The court has the discretion to modify the compensation amount awarded by the Motor Accident Claims Tribunal in the spirit of Lok adalat, taking into account the submissions made by both parties.
The court has the authority to modify compensation awards based on agreements reached between the parties, and can impose provisions for interest if payments are not made within the stipulated time.
The Court considered the agreement between the parties and the spirit of Lok adalat in modifying the compensation award.
The main legal point established in the judgment is the court's authority to modify a judgment and award based on the agreement between the parties, emphasizing the importance of honoring the agreed ....
The court considered the agreement between the parties in the spirit of Lok adalat and modified the judgment and award accordingly.
The Court has the authority to modify a judgment and award based on agreements between the parties.
The court considered the spirit of Lok Adalat and modified the judgment and award based on the agreement reached by the parties.
The court recognized and gave effect to the compromise settlement reached by the parties, leading to the disposal of the appeal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
