Jitendra S/O Shri Niranjan Nath vs Shri Munni Yadav And Ors

Appellant-claimant has laid this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') seeking enhancement of compensation quantified and awarded by Motor Accident Claims Tribunal, Nathdwara, by its judgment and award dated 09.04.2009.

The undisputed facts are that on the fateful day of 18.01.2007, when appellant was traveling as pillion rider, with his grandfather on motor cycle No.RJ 30-1M-8677, he met with an accident near Bhopalsagar-Kapasan route which was caused by insured vehicle truck No.GJ 62-8825. Due to said accident, appellant suffered some grave and serious injuries and lost vision of one eye.

At the behest of appellant, a claim was preferred under Section 166 of the Act before learned Tribunal, which was partly allowed and the learned Tribunal awarded compensation to the tune of Rs. 79,930/- with interest @ 6% per annum from the date of filing of claim petition.

During the course of arguments, rival parties have negotiated and decided to settle the matter perpetually in the spirit of Lok Adalat. As agreed by parties, the amount of compensation awarded by learned Tribunal is enhanced by a sum of Rs.2,55,000/- in addition to what has been awarded by learned Tribunal. The said amount is to be paid by respondent-insurer as lumpsum additional amount besides the amount awarded by learned Tribunal, which also includes interest. The settled amount as per the rival parties is also in consonance and in conformity with the revised guidelines for settlement in M.A.C.T cases issued by Rajasthan State Legal Services Authority.

In this view of the matter, the appeal is partly allowed and the amount of compensation awarded by learned Tribunal is enhanced by a sum of Rs.2,55,000/- and the respondent-insurer is directed to deposit the aforesaid amount within a period of two months from today before the learned Tribunal and upon deposition of the same, it may be disbursed to the appellant by the learned Tribunal in accordance with law. It is further made clear that if the aforesaid amount is not deposited within two months, then, the same shall carry interest @ 6% per annum from the date of this judgment.