Reliance Genral Insurance ... vs Vijay Bahadur And Ors
2022 Latest Caselaw 2433 Raj

(1 of 2) [CMA-32/2017]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No.32/2017

Reliance General Insurance Company Limited through Regional Manager, 6th Floor, Man Upasana Tower, Sardar Patel Marg, "C" Scheme Jaipur.

----Appellant Versus

1. Vijay Bahadur S/o Swaminathan Rai,

2. Smt. Sita W/o Vijay Bahadur Singh Rai, Both are R/o Barai Patti, Fazil Nagar, Police Station Patarewa, District Khushi Nagar, U.P. At presetn R/o Chhipa Mohalla, Nichali Gali Bus Stand, Kankroli, District Rajsamand.

3.Mehmood Khan S/o Atar Khan Musalman, R/o Chandevi, Police Station Nuh, District Nuh Mewat, Hariyana. Driver

4.Balveer Singh S/o Avtar Singh Bhatiya, R/o M-269, Guru Harikishan Nagar Vihar West, West-110087, New Delhi. Owner.

----Respondents

For Appellant(s) : Mr. TRS Sodha, Adv. For Respondents : Mr. Love Jain, Adv.

-claimant

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 10/02/2022 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. 21.10.2016 passed by the

Judge, Motor Accident Claims Tribunal Rajsamand in MAC Case

No.130/2013, vide which the learned Judge awarded

compensation to the tune of Rs.8,79,110/- along with interest @

9% per anuum to the claimants/respondents No.1 & 2.

(2 of 2) [CMA-32/2017]

This Court while staying the execution of the impugned

judgment and award dt. 07.02.2017 directed the appellant-

Insurance Company to deposit Rs.5,00,000/-, which was ordered

to be disbursed to the claimants.

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.2,00,000/- 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.

In view of the submissions made by the parties, the civil

misc. appeal is partly allowed. The impugned judgment & award

dt. 21.10.2016 is modified to the extent that the appellant-

Insurance Company shall pay lump-sum amount of Rs.2,00,000/-

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 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.

Record of the Tribunal received, if any, be sent back

immediately.

(MANOJ KUMAR GARG),J

159-NK/-

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