Rajasthan High Court - Jodhpur
Reliance General Ins. Co. Ltd vs Satya Narayan And Ors on 16 February, 2022
Bench: Manoj Kumar Garg
(1 of 2)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No.2027/2015
Reliance General Insurance Company Limited Branch Office at 1 st
Floor, Suresh mall, Opps Sanjay Palace, MG Road Agra.
----Appellant
Versus
1. LR's of Satya Narayan
1/1 Subhash S/o Satya Narayan
2. Smt. Savitri Devi W/o Satya Narayan Swami
Both R/o Sakhi Road, 4 STR Tehsil Gharsana, District Sri
Ganganagar.
----Claimants
3. Smt. Savitri Devi W/o Puran Singh, by caste Jat, R/o Gursena
Tehsil Iglaas, District Aligarh (UP)
4. Sonveer Singh S/o Puran Singh, by caste Jat, R/o Gursena,
Tehsil Iglaas, District Aligarh (UP)
5. Vikram Kumar S/o Het Ram, by caste Swami, R/o Arya Nagar,
Hissar, Presently R/o Ward No.17, Bhadra, Tehsil Bhadra, District
Hanumangarh.
6. New India Insurance Company Ltd. Through its Divisional
Manager, Rohtash Kumar S/o Patram, by caste Swami, R/o 4
STR Nai Mandi, Gharsana, District Sri Ganganagar.
Non-Claimants
For Appellant(s) : Mr. TRS Sodha, Adv.
For Respondents : Mr. D.S. Gharsana, Adv.
No.1 & 2 -claimants
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/02/2022
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. 04.08.2015 passed by the
Judge, Motor Accident Claims Tribunal Anoopgarh, Camp
Gharsana, District Sri Ganganagar in MAC Case No.56/2008, vide
(2 of 2)
which the learned Judge awarded compensation to the tune of
Rs.8,91,000/- along with interest @ 6% per annum in favour of
the claimants/respondents No.1/1 & 2.
This Court while staying the execution of the impugned
award vide order dt. 16.10.2015 directed the appellant-Insurance
Company to deposit Rs.7,00,000/-, which was ordered to be
disbursed to the claimants.
Learned counsel for the appellant-Insurance Company as
well as learned counsel for the respondent-claimants 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. 04.08.2015 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, be sent back immediately.
C/2-NK/- (MANOJ KUMAR GARG),J
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