Jamila And Others vs Sarwan Kumar And Others

Farjand Ali, J

This Misc. Appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 against the judgment dated 11.08.2016 passed by the learned Judge, Motor Accident Claims Tribunal, Merta, Rajasthan in MACT Claim No.217/2013 (93/12) whereby the learned Judge, Motor Accident Claims Tribunal, Merta (hereinafter referred to as ‘the Tribunal’) awarded compensation of Rs.9,75,552/- to the appellants-claimants. Aggrieved against the said judgment and award, the appellants have preferred this appeal for enhancement of compensation as also the liability of the respondent No.3 Insurance Company.

Learned counsel for the appellants-claimants submits that learned Tribunal has awarded compensation to the tune of Rs.9,75,552/- only and the rate of interest imposed is 8% p.a., which are inadequate. He further submits that parties have arrived at a compromise and agreed for enhancement of award to the tune of Rs.70,000/- as full and final settlement of the case.

Learned counsel for the respondent No.3-Insurance Company submits that Insurance Company is agreeable for enhancement of compensation upto the tune of Rs.70,000/-.

Heard learned counsel for the parties and perused the material available on record.

In view of the above, the appeal is allowed in part and the judgment dated 11.08.2016 passed by the learned Judge, Motor Accident Claims Tribunal, Merta, Rajasthan in MACT Claim No.217/2013 (93/12) CIS No.275/2014 is modified and it is ordered that the amount of compensation is enhanced by Rs.70,000/- and the respondent-Insurance Company is directed to pay lump sum amount of Rs.70,000/- (Seventy Thousand) to the appellants-claimants as in addition to the amount of compensation awarded by the learned Tribunal within a period of two months from today or deposit the same with the learned Tribunal. The amount so enhanced shall carry no interest, if the enhanced amount of compensation is deposited with the learned Tribunal within the stipulated period. The learned Tribunal shall disburse the same to the appellants-claimants in accordance with law. However, it is made clear that in case the enhanced amount of compensation is not paid by the Insurer within the period stipulated as stated above, then the same shall carry interest of 8% p.a. from the date of filing of this appeal.