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2022 Supreme(Raj) 1900
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Reliance General Insurance Company Limited – Appellant
Versus
Vimla & Ors. – Respondents
S.B. Civil Miscellaneous Appeal No. 122 of 2017
Decided On : 14-02-2022
T.R.Singh Sodha, Advocate, Doulat Ram, Advocate, R.J.Punia, Advocate
The Court has the authority to modify a judgment and award based on agreements between the 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, which awarded compensation to the claimants. The appellant sought modification of the judgment and award.
Finding of the Court:
The Court partly allowed the appeal and modified the judgment and award to the extent that the appellant-Insurance Company was directed to pay a lump-sum amount to the claimants in addition to the amount already paid, as agreed by both parties. The Court also disposed of the stay petition.
Issues: Modification of judgment and award, agreement between parties, payment of lump-sum amount
Ratio Decidendi: The Court considered the agreement between the parties for payment of a lump-sum amount and modified the judgment and award accordingly.
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 to the claimants within a specified time period, with the provision for interest if the amount was not paid 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. 20.10.2016 passed by the Judge, Motor accident Claims Tribunal, Barmer in MaC Case No.185/2015, vide which the learned Judge awarded compensation to the tune of Rs.14,28,888/- along with interest @ 9% per annum in favour of the claimants/respondents No.1 to 6.
2. This Court while staying the execution of the impugned judgment and award dt. 14.02.2017 directed the appellant-Insurance Company to deposit Rs.11,30,000/- along with interest, which was ordered to be disbursed to the claimants.
3. Learned counsel for the appellant-Insurance Company as well as learned counsel for the respondents-claimants submits that in the spirit of Lok adalat, both the parties have agreed on payment of a lump-sum amount of Rs.3,93,000/- 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. 20.10.2016 is modified to the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.3,93,000/-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 claimant within the stipulated time, the appellant-Insurance Company shall also pay interest @ 8% per annum over the due amount from the date of this order.
5. Stay petition also stands disposed of. Record of the Tribunal, received if any, be sent back immediately.
