Reliance General Ins. Co. Ltd vs Smt. Kamla Kanwar And Ors
2022 Latest Caselaw 2435 Raj

(1 of 2) [CMA-1383/2016]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No.1383/2016

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

----Appellant Versus

1. Smt. Kamla Kanwar W/o Shankar Singh,

2. Neetu Kanwar D/o Shankar Singh,

3. Shivraj Singh S/o Shankar Singh,

4. Yuvraj Singh S/o Shankar Singh,

5. Smt. Sushila Kanwar W/o Mangal Singh All are by caste Rajput, R/o Soniyana, Police Station Charbhuja, District Rajsamand. (Claimants)

6. Habib Mohd. S/o Munshi Mohd., by caste Muslim, R/o Gamerpura, Police Station Railmagra, District Rajsamand. (Driver)

7. Dinesh Puri S/o Amrit Puri, by caste Goswami, R/o Farara, Police Station Railmagra, District Rajsamand (Owner).

----Respondents

For Appellant(s) : Mr. TRS Sodha, Adv. For Respondents : Mr. Vijay Rajpurohit on behalf of

-claimant Mr.Sandeep Saruparia, Adv.

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. 16.03.2016 passed by the

Judge, Motor Accident Claims Tribunal Rajsamand in MAC Case

No.364/2011, vide which the learned Judge awarded

(2 of 2) [CMA-1383/2016]

compensation to the tune of Rs.9,79,000/- along with interest @

9% per annum to the claimants/respondents No.1 to 5.

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.

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.

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.

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

immediately.

(MANOJ KUMAR GARG),J

157-NK/-

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