High CourtsSingle Bench

Rameshwar Lal And Others vs Mahesh Kumar And Others

Rajasthan High Court · Decided on 14 February 2022 · Citation: (2022) 02 RAJ CK 0048

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Motor Vehicles Act, 1988 — Section 173
RESULT
Partly Allowed
CASE NUMBER
S.B. Civil Miscellaneous Appeal No.2711 Of 2019
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Judgment

13 paragraphs · 242 words

Manoj Kumar Garg, J

This civil misc. appeal has been filed under Section 173 of Motor Vehicles Act, 1988 by the appellants-claimants for enhancement of the amount of

compensation, against the judgment and award dt. 23.08.2017 passed by the Judge, Motor Accident Claims Tribunal, Bikaner in MAC Case

No.70/2013, vide which the learned Judge awarded compensation to the tune of Rs.5,75,281/- along with interest @ 7% per annum to the claimants.

Learned counsel for the appellants-claimants as well as learned counsel for the respondent-Insurance Company submits that in the spirit of Lok

Adalat, both the parties have agreed on payment of a lump-sum amount of Rs.1,25,000/- in addition to the amount already paid to the claimants-

appellant. 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. 23.08.2017 is modified to

the extent that the respondent No.3 -Insurance Company shall pay lump-sum amount of Rs.1,25,000/-to the claimants/appellants in addition to the

amount already paid to the claimants, if any, within a period of one month from today. If the aforesaid lump sum amount is not paid to the appellants/

claimants within the stipulated time, the respondent/Insurance Company shall also pay interest @ 7% per annum over the due amount from the date of

this order.

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