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2022 Supreme(Raj) 1860

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Reliance General Insurance Company Limited – Appellant
Versus
Mana S/o Surajmal & Ors. – Respondents
S.B. Civil Miscellaneous Appeal No. 524 of 2016
Decided On : 10-02-2022

Advocates appeared:
T.R.Singh Sodha, Advocate, Vijay Rajpurohit, Advocate, r.Sandeep Saruparia, Advocate

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.

Headnote:

Motor Vehicles Act, 1988 - Civil Misc. Appeal - Compensation Award Modification

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 was directed to deposit a portion of the award amount while the appeal was pending.

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 in addition to the amount already paid, as agreed by the parties.

Issues: The main issue was the modification of the compensation award and the agreement reached between the appellant-Insurance Company and the claimants in the spirit of Lok adalat.

Ratio Decidendi: The court considered the submissions made by the parties and modified the judgment and award to reflect the agreed lump-sum payment, along with provisions for interest if the payment was not made within the stipulated time.

Final Decision: The civil misc. appeal was partly allowed, and the appellant-Insurance Company was directed to pay the agreed lump-sum amount to the claimants within a specified time, with provisions for interest if the payment was delayed.

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. 15.12.2015 passed by the Judge, Motor accident Claims Tribunal, Rajsamand in MaC Case No.209/2013, vide which the learned Judge awarded compensation to the tune of Rs.9,86,000/- in favour of the claimants/respondents No.1 & 2.

2. This Court while staying the execution of the impugned judgment and award dt. 15.12.2015 directed the appellant-Insurance Company to deposit Rs.5,00,000/- of the award amount, which was ordered to be disbursed to the claimants.

3. Learned counsel for the parties submits that in the spirit of Lok adalat, both the appellant-Insurance Company and respondents No.1 & 2/claimants have agreed on payment of a lump-sum amount of Rs.7,50,000/- in addition to the amount already paid to the claimant-respondent. 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. 15.12.2015 is modified to the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.7,50,000/-to the claimants/respondents No. 1 & 2 in addition to the amount already paid to the claimant, as agreed by them, within a period of four months 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 @ 6% per annum over the due amount from the date of this order.

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

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