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2022 Supreme(Raj) 2629

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Ghasi – Appellant
Versus
Reliance General Ins. Co. Ltd & Ors. – Respondent
S.B. Civil Miscellaneous Appeal No. 3358 of 2022
Decided On : 19-12-2022

Advocates Appeared:
Manish Kumar Pitaliya, Advocate, Vishal Singhal, Advocate

The court considered the spirit of Lok Adalat and modified the judgment and award based on the agreement reached by the parties.

Headnote:

Motor Vehicles Act, 1988 - Compensation - Lump-sum amount

Fact of the Case:

The appellant filed a civil misc. appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal. Both parties agreed on a lump-sum amount of Rs.70,000 in the spirit of Lok Adalat.

Finding of the Court:

The civil misc. appeal is partly allowed, and the judgment and award are modified to require the respondent-Insurance Company to pay the agreed lump-sum amount of Rs.70,000 within two months, with an additional 7% interest per annum if not paid within the stipulated time.

Issues: Enhancement of compensation under the Motor Vehicles Act, 1988

Ratio Decidendi: The court considered the agreement reached by both parties in the spirit of Lok Adalat and modified the judgment and award accordingly.

Final Decision: The respondent-Insurance Company is required to pay the lump-sum amount of Rs.70,000 within two months, with an additional 7% interest per annum if 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-claimant for enhancement of quantum of compensation, against the judgment and award dated 18.8.2018 passed by the Judge, Motor Accident Claims Tribunal, Chittorgarh in MAC Case No. 197/2017 (164/2015), vide which the learned Judge awarded compensation to the tune of Rs.12,000/- in favour of the appellant-claimant.

2. Learned counsel for the appellant-claimant as well as learned counsel for the respondent No.1-Insurance Company submits that in the spirit of Lok Adalat, both the parties have agreed on payment of a lump-sum amount of Rs.70,000/-. Therefore, it is prayed that the judgment and award impugned may be modified accordingly.

3. In view of the submissions made by the parties, the civil misc. appeal is partly allowed. The impugned judgment & award dated 18.8.2018 is modified to the extent that the respondent -Insurance Company shall pay lump-sum amount of Rs.70,000/-, as agreed by them, within a period of two months from today. If the aforesaid lump sum amount is not paid to the claimant within the stipulated time, the respondent-Insurance Company shall also pay interest @ 7% per annum over the due amount from the date of this order.

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