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2022 Supreme(Raj) 2443

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Reliance General Insurance Company Limited – Appellant
Versus
Lr`s Of Satya Narayan & Ors. – Respondents
S.B. Civil Miscellaneous Appeal No.2027 of 2015
Decided On : 16-02-2022

Advocates appeared:
TRS Sodha, Advocate, D.S. Gharsana, Advocate

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.

Headnote:

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, seeking modification of the compensation amount awarded to the claimants.

Finding of the Court:

The civil misc. appeal was partly allowed, and the judgment and award were modified to require the appellant-Insurance Company to pay a lump-sum amount of Rs.5,00,000 to the claimants/respondents in addition to the amount already paid, within a month. Failure to do so would result in the appellant-Insurance Company paying interest at 6% per annum over the due amount.

Issues: The main issue was the modification of the compensation amount awarded by the Motor Accident Claims Tribunal.

Ratio Decidendi: The court considered the submissions made by both parties and agreed to modify the judgment and award in the spirit of Lok adalat, allowing the appellant-Insurance Company to pay a lump-sum amount in addition to the original compensation.

Final Decision: The civil misc. appeal was partly allowed, and the judgment and award were modified to require the appellant-Insurance Company to pay a lump-sum amount of Rs.5,00,000 to the claimants/respondents in addition to the amount already paid, within a month. Failure to do so would result in the appellant-Insurance Company paying interest at 6% per annum over the due amount.

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. 04.08.2015 passed by the Judge, Motor accident Claims Tribunal anoopgarh, Camp Gharsana, District Sri Ganganagar in MaC Case No.56/2008, vide which the learned Judge awarded compensation to the tune of Rs.8,91,000/- along with interest @ 6% per annum in favour of the claimants/respondents No.1/1 & 2.

2. This Court while staying the execution of the impugned award vide order dt. 16.10.2015 directed the appellant-Insurance Company to deposit Rs.7,00,000/-, which was ordered to be disbursed to the claimants.

3. Learned counsel for the appellant-Insurance Company as well as learned counsel for the respondent-claimants submits that in the spirit of Lok adalat, both the parties have agreed on payment of a lump-sum amount of Rs.5,00,000/- 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. 04.08.2015 is modified to the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.5,00,000/-to the claimants/respondents in addition to the amount already paid to the claimant, 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 @ 6% per annum over the due amount from the date of this order.

5. Record of the Tribunal, if any, be sent back immediately.

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