Reliance Genral Insurance ... vs Mohan Singh And Ors
2022 Latest Caselaw 4265 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 525/2016

Reliance Genral Insurance Company Ltd

----Appellant Versus Mohan Singh And Ors.

----Respondent

For Appellant(s) : Mr. T.R.S. Sodha For Respondent(s) : Mr. Sandeep Sarupari

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

16/03/2022

This Civil Misc. Appeal has been filed under Section 173

Motor Vehicles Act, 1988 by the appellant-Insurance Company

against the Judgment-Award dated 18.11.2015 passed by the

learned Judge, Motor Accident Claims Tribunal, Rajsamand

(hereinafter referred to as 'the learned tribunal' for short), in

MACT Case No.219/2013, vide which the learned tribunal awarded

compensation to the tune of Rs.5,84,000/- alongwith the interest

@9% in favour of the claimants-respondents No.1 to 3.

This Court while staying the execution of the impugned

award vide order dated 26.02.2016 directed the appellant-

Insurance Company to deposit sum of Rs.2,50,000/- of the award

amount as against the total award amounted amount of

Rs.5,84,000/-, 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 submit that

(2 of 2) [CMA-525/2016]

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

payment of a lump-sum amount of Rs.5,45,000/- 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 present

appeal is partly allowed.

The impugned judgment & award dated 18.11.2015 is

modified to the extent that the appellant-Insurance Company shall

pay lump-sum amount of Rs.5,45,000/- to the claimants-

respondents in addition to the amount already paid to the

claimants, as agreed by them, within a period of two months 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.

If the record of the learned tribunal is summoned, the same

be sent back forthwith.

(MADAN GOPAL VYAS),J 94-Jagjeet/-

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