Indira Devi vs Rajesh Kumar And Others

Ajay Mohan Goel, J

By way of this appeal, the appellant-claimant has prayed for enhancement of the award amount as has been adjudicated in the claim petition filed

by her, by learned Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, H.P. in Claim Petition No. 37/2 of 2017, titled as Indira Devi vs. Rajesh

Kumar and others, dated 10.04.2019. The claim was allowed by the learned Tribunal in the following terms:-

“28. In view of above discussion, the present petition is allowed partly with costs of Rs. 10,000/- as litigation expenses and petitioner is awarded

compensation to the extent of Rs. 5,38,175/-. The petitioner is also entitled for interest @7.5% per annum from the3 date of filing the petition until the

date of deposit of amount. As held above, the accident was caused due to rash and negligent driving of respondent No. 2, who is employee of

respondent No. 1 and the vehicle was insured with the respondent No. 3. Since the vehicle was insured with respondent No. 3, therefore, the

respondent No. 3, i.e. insurance company, is liable to pay the compenswation amount to the petitioner along with interest and costs and to deposit the

amount within a period of 45 days from today. The amount awarded to the petitioner is inclusive of the amount, if any awarded under Section 140 of

the Motor Vehicles Act. It is further ade clear that out of the awarded amount, initially 50% amount of the compensation would be released to the

petitioner and remaining 50% amount would be deposited in the Fixed Deposit in some nationalized bank, initially, for a period of five years. Memo of

costs be prepared accordingly. The file, after its due completion, be consigned to the record room.â€​

Today, when the case was taken up for consideration, Mr. Chandan Goel, learned Counsel for respondent No. 3-Insurance Company has stated at

the bar that he has instructions to submit that if the appellant is aggreable, then the Insurance Company is willing to pay a lump sum amount of Rs.

5,50,000/- (Rs. Five Lac fifty Thousand) over and above what has been awarded by the learned Tribunal.

Mr. Sanket Sankhyan, learned Counsel for the appellant/claimant submits that the appellant is willing to accept said offer of the Insurance Company

and the appeal can be disposed of by taking on record the statement made on behalf of Insurance Company by its learned Counsel.

Accordingly, this appeal is disposed of by taking on record the statement of Shri Chandan Goel, learned Counsel for respondent No. 3-Insurance

Company, to the effect that in addition to the award passed by the learned Tribunal, as is reflected in para 28 of the same, Insurance Company shall

also pay a lump sum amount of the Rs. 5,50,000/- (Rs. Five Lac and Fifty Thousand) to the appellant/claimant. It is clarified that in the event of the

amount being paid/deposited in the Court within a period of eight weeks from today, the same shall not carry any interest, but, in case, the amount has

not been deposited within a period of eight weeks from today, then the same, after expiry of eight weeks, shall entail interest at the rate of 7.5% per

annum till the same is paid to the claimant. The appeal stands disposed of accordingly.