Reliance Genral Insurance Co. Ltd vs Smt. Vimla @ Virma And Ors
2022 Latest Caselaw 2603 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 122/2017

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

----Appellant Versus

1. Smt. Vimla @ Virma W/o Late Poona Ram, aged 36 years

2. Sarla D/o Late Poona Ram, aged about 15 years

3. Sarita D/o Late Poona Ram, aged about 13 years

4. Dhapu D/o Late Poona Ram, aged about 11 years

5. Choutha Ram S/o Gorkha Ram, aged about 71 years,

6. Smt. Jeti Devi W/o Choutha Ram, aged about 71 years

(Respondent No. 2 to 4 are Minor Through Their Natural Guardian Mother).

All are by caste Bishnoi, R/o Jambheshwarpura, Bichhiwadi, at Present Vishnu Colony, Barmer (Claimants)

7. Mohan Lal S/o Rugha Ram, by caste Bishnoi (Dhaka), R/o Bawarla, Police Station Sarwana, Tehsil Sanchour, District Jalore.

(Driver)

8. Manohar Mahatre S/o Mahadve Mahatre, R/o Pushkar House, Umari Rabalai Nala Sopara West Taluka Vasai, District Palghar (Maharashtra) (Owner)

9. Sunil Kumar S/o Mangi Lal, R/o Hemaguda, Tehsil Chitalawana, District Jalore

----Respondents

For Appellant(s) : Mr.T.R.Singh Sodha, Adv.

For Respondent(s) : Mr.Doulat Ram on behalf of Mr.R.J.Punia, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

(2 of 3) [CMA-122/2017]

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. 20.10.2016 passed by the

Judge, Motor Accident Claims Tribunal, Barmer in MAC Case

No.185/2015, vide which the learned Judge awarded

compensation to the tune of Rs.14,28,888/- along with interest @

9% per annum in favour of the claimants/respondents No.1 to 6.

This Court while staying the execution of the impugned

judgment and award dt. 14.02.2017 directed the appellant-

Insurance Company to deposit Rs.11,30,000/- along with interest,

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.3,93,000/- 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. 20.10.2016 is modified to the extent that the appellant-

Insurance Company shall pay lump-sum amount of Rs.3,93,000/-

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 @ 8% per annum over the due

amount from the date of this order.

(3 of 3) [CMA-122/2017]

Stay petition also stands disposed of.

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

immediately.

(MANOJ KUMAR GARG),J 167-NK/-

Powered by TCPDF (www.tcpdf.org)