Reliance General Insurance Co. Ltd vs Sunita Devi 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. 01.07.2014 passed by the Judge, Motor Accident Claims Tribunal Churu in MAC Case No.108/2012, vide which the learned Judge awarded compensation to the tune of Rs.16,84,000/- along with interest @ 6% per annum to the claimants/respondents.

This Court while staying the execution of the impugned award vide order dt. 09.01.2015 directed the appellant-Insurance Company to deposit Rs.14,00,000/-, which is said to be disbursed to the claimants.

Learned counsel for the parties submits that in the spirit of Lok Adalat, both the parties have agreed on payment of a lump-sum amount of Rs.5,40,000/- 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. 01.07.2014 is modified to the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.5,40,000/- to the claimants/respondents in addition to the amount already paid to the claimants, as agreed by them, within a period of one month from today. If the aforesaid lump sum amount is not paid to the claimants 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 furnished by the respondents-claimants before the Tribunal.

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