Reliance General Insurance Co. Ltd vs Manju Kanwar And Others

Manoj Kumar Garg, J

This civil misc. appeal has been filed under Section 173 of Motor Vehicles Act, 1988 by the appellant-Insurance Company against the judgment and

award dt. 07.10.2010 passed by the Judge, Motor Accident Claims Tribunal (First), Jodhpur in MAC Case No.227/2008, vide which the learned Judge

awarded compensation to the tune of Rs.11,87,300/- along with interest @ 8.5% per annum in favour of the claimants/respondents No.1 to 4.

This Court while staying the execution of the impugned award vide order dt. 3.12.2010 directed the appellant-Insurance Company to deposit

Rs.8,00,000/-, 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 submits that in the spirit of Lok

Adalat, both the parties have agreed on payment of a lump-sum amount of Rs.8,50,000/- 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 civil misc. appeal is partly allowed. The impugned judgment & award dt. 07.10.2010 is modified to

the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.8,50,000/-to the claimants/respondents in addition to the amount

already paid to the claimant, as agreed by them, within a period of one month from today. If the aforesaid lump sum amount is not paid to the claimant

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.

The amount so deposited by the appellant-Insurance Company shall be deposited in the saving account of the respondents-claimants, the details of

which shall be submitted by the respondents-claimants before the Tribunal.

Stay petition also stands disposed of.

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