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2022 Supreme(Raj) 1848
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Reliance General Insurance Company Limited – Appellant
Versus
Kamla Kanwar Kamla Kanwar – Respondent
S.B. Civil Miscellaneous Appeal No. 1383 of 2016
Decided On : 10-02-2022
TRS Sodha, Advocate, Vijay Rajpurohit, Advocate, Sandeep Saruparia, Advocate
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 compensation disputes.
Headnote:
Motor Vehicles Act, 1988 - Civil Misc. Appeal - Modification of judgment and award to pay lump-sum amount to claimants
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.
Finding of the Court:
The Court partly allowed the appeal and modified the judgment to require the appellant-Insurance Company to pay a lump-sum amount of Rs.5,00,000 to the claimants in addition to the amount already paid, as agreed by the parties.
Issues: Dispute over the amount of compensation awarded to the claimants by the Motor Accident Claims Tribunal.
Ratio Decidendi: The Court considered the agreement reached by the parties in the spirit of Lok adalat and modified the judgment to reflect the agreed lump-sum payment.
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.
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. 16.03.2016 passed by the Judge, Motor accident Claims Tribunal Rajsamand in MaC Case No.364/2011, vide which the learned Judge awarded compensation to the tune of Rs.9,79,000/- along with interest @ 9% per annum to the claimants/respondents No.1 to 5.
2. This Court while staying the execution of the impugned judgment and award dt. 16.03.2016 directed the appellant-Insurance Company to deposit Rs.7,50,000/-, 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 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. 16.03.2016 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 received, be sent back immediately.
