Reliance General Insurance ... vs Chhoti Devi And Ors
2022 Latest Caselaw 2602 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1633/2017

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

----Appellant Versus

1. Smt. Chhoti Devi W/o Late Arjun Ram, aged about 38 yrs.

2. Neetu D/o Late Arjun Ram, aged about 18 years,

3. Sunil S/o Late Arjun Ram, aged about 15 years,

4. Kiran D/o Late Arjun Ram, aged about 13 years,

5. Smt. Koyali Devi W/o Late Kishana Ram, aged about 73 years, (Respondents No. 3 & 4 are Minor Through Her Natural Guardian Mother Smt. Chhoti Devi). All are by Caste Bishnoi, R/o Village Dhava, Police Station Jhanwar, Tehsil Luni, District Jodhpur.

(Claimants)

6. Suresh Puri S/o Shri Uga Puri, By Caste Goswami, R/o Village Chitava, Police Staion Chitava, District Nagaur.

(Driver)

7. Parmeshwar Kumar Verma S/o Shri Dev Raj Verma, By Caste Verma, R/o Plot No. B-465, Murlipura Scheme, District Jaipur.

(Power Of Attorney Holder)

8. Sumer Singh S/o Shri Balu Singh, By Caste Rajput, R/o A-86, Shiv Nagar, Murlipura Road, No. 1 VKI Area, District Jaipur.

(Owner)

----Respondents

For Appellant(s) : Mr.T.R.Singh Sodha, Adv. For Respondent(s) : Mr.Jay Ram Saran on behalf of Mr.Kailash Khilery, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

(2 of 3) [CMA-1633/2017]

14/02/2022

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. 22.04.2017 passed by the

Judge, Motor Accident Claims Tribunal, Jodhpur Metro in MAC Case

No.253/2014, vide which the learned Judge awarded

compensation to the tune of Rs.11,41,088/- along with interest @

6% per annum in favour of the claimants/respondents No.1 to 5.

This Court while staying the execution of the impugned

award vide order dt. 05.07.2017 directed the appellant-Insurance

Company to deposit Rs.8,75,000/- along with interest as awarded

by the Tribunal, which was ordered to be disbursed to the

claimants.

Learned counsel for the appellant-Insurance Company as

well as learned counsel for the respondents-claimants submits

that in the spirit of Lok Adalat, both the parties have agreed on

payment of a lump-sum amount of Rs.2,50,000/- 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. 22.04.2017 is modified to the extent that the appellant-

Insurance Company shall pay lump-sum amount of Rs.2,50,000/-

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

(3 of 3) [CMA-1633/2017]

Company shall also pay interest @ 8% per annum over the due

amount from the date of this order.

Stay petition also stands disposed of.

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

immediately.

(MANOJ KUMAR GARG),J 169-NK/-

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