Reliance General Insurance ... vs Kushum And Ors
2022 Latest Caselaw 3048 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1634/2017

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

----Appellant Versus

1. Smt. Kushum W/o Late Suresh, aged 21 years,

2. Ram Karan S/o Late Bhika Ram, aged 49 years,

3. Smt. Shanti W/o Ram Karan, aged 46 years,

4. Mohit S/o Late Suresh, aged 9 years,

(Resp. No. 4 is Minor Through his Natural Guardian Mother Smt. Kushum,) All Are By Caste Meghwal, R/o Banshi Saija , Tehsil Merta, District Nagaur. Claimants (Claimants)

5. Banshi Ram S/o Moola Ram, By Caste Jat, R/o Bayar, Tehsil Merta City, District Nagaur. (Owner)

----Respondents

For Appellant(s) : Mr.T.R.S.Sodha, Adv. For Respondent(s) : Mr.N.S.Khileri, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

25/02/2022

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

Motor Vehicles Act, 1988 by the appellant-Insurance Company

against the judgment & award dt. 24.04.2017 passed by the

Judge, Motor Accident Claims Tribunal, Merta in MAC Case

No.39/2016, vide which the learned Judge awarded compensation

to the tune of Rs.5,44,100/- along with interest @ 8% per annum

in favour of the claimants/respondents No.1 to 4.

(2 of 2) [CMA-1634/2017]

This Court while staying the execution of the impugned

award vide order dt. 05.07.2017 directed the appellant-Insurance

Company to deposit 50% of the award amount i.e. Rs.2,67,300/-,

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.3,00,000/- 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. 24.04.2017 is modified to the extent that the appellant-

Insurance Company shall pay lump-sum amount of Rs.3,00,000 /-

to the claimants/respondents in addition to the amount already

paid to the claimants, 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 @ 7% per annum over

the due amount from the date of this order.

Record of the Tribunal, if any, be sent back immediately.

(MANOJ KUMAR GARG),J

NK/-

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