Reliance Genral Insurance Co. Ltd vs Smt. Kamla And Ors
2022 Latest Caselaw 2604 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 123/2017

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

----Appellant Versus

1. Smt. Kamla W/o Late Narendra Kumar @ Naresh, aged about 22 years

2. Kesharimal S/o Moola Ram, aged about 66 years

3. Smt.Veera W/o Kesharimal, aged about 61 years All are by caste Bishnoi, R/o Sondi, Tehsil Sedawa, Dsitrict Barmer.

(Claimants)

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

(Driver)

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

6. Sunil Kumar S/o Mangi Lal, by caste Bishnoi, 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

14/02/2022

This civil misc. appeal has been filed under Section 173 of

Motor Vehicles Act, 1988 by the appellant-Insurance Company

(2 of 3) [CMA-123/2017]

against the judgment and award dt. 20.10.2016 passed by the

Judge, Motor Accident Claims Tribunal, Barmer in MAC Case

No.125/2015, vide which the learned Judge awarded

compensation to the tune of Rs.12,16,424/- along with interest @

9% per annum in favour of the claimants/respondents No.1 to 3.

This Court while staying the execution of the impugned

award vide order dt. 14.02.2017 directed the appellant-Insurance

Company to deposit Rs.9,00,000/- 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.4,00,000/- 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. 20.10.2016 is modified to the extent that the appellant-

Insurance Company shall pay lump-sum amount of Rs.4,00,000/-

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 @ 8% per annum over the due

amount from the date of this order.

Stay petition also stands disposed of.

(3 of 3) [CMA-123/2017]

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

immediately.

(MANOJ KUMAR GARG),J 168-NK/-

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