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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Reliance General Insurance Company – Appellant
Versus
Chhoti Devi & Ors. – Respondents
S.B. Civil Miscellaneous Appeal No. 1633 of 2017
Decided On : 14-02-2022
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. The parties agreed on a lump-sum amount in the spirit of Lok adalat.
Finding of the Court:
The civil misc. appeal is partly allowed, and the impugned judgment and award are modified to require the appellant-Insurance Company to pay a lump-sum amount of Rs.2,50,000 to the claimants/respondents in addition to the amount already paid, within a month. Failure to do so will result in the appellant-Insurance Company paying interest at 8% per annum.
Issues: Appeal against judgment and award, modification of compensation amount, agreement between parties
Ratio Decidendi: The court considered the agreement between the parties in the spirit of Lok adalat and modified the judgment and award accordingly.
Final Decision: The civil misc. appeal is partly allowed, and the impugned judgment and award are modified to require the appellant-Insurance Company to pay a lump-sum amount of Rs.2,50,000 to the claimants/respondents in addition to the amount already paid, within a month. Failure to do so will result in the appellant-Insurance Company paying interest at 8% per annum.
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. 22.04.2017 passed by the Judge, Motor accident Claims Tribunal, Jodhpur Metro in MaC Case No.253/2014, vide which the learned Judge awarded compensation to the tune of Rs.11,41,088/- along with interest @ 6% per annum in favour of the claimants/respondents No.1 to 5.
2. This Court while staying the execution of the impugned award vide order dt. 05.07.2017 directed the appellant-Insurance Company to deposit Rs.8,75,000/- along with interest as awarded by the Tribunal, 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.2,50,000/- 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. 22.04.2017 is modified to the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.2,50,000/-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
5. Company shall also pay interest @ 8% per annum over the due amount from the date of this order.
6. Stay petition also stands disposed of.
Record of the Tribunal, received if any, be sent back immediately.
The court considered the agreement between the parties in the spirit of Lok adalat and modified the judgment and award accordingly.
The Court considered the agreement between the parties and the spirit of Lok adalat in modifying the compensation award.
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 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 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 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 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.
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