Reliance General Insurance Company vs Chhoti 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. 22.04.2017 passed by the Judge, Motor Accident Claims Tribunal, Jodhpur Metro in MAC Case No.253/2014, vide which the learned Judge

awarded compensation to the tune of Rs.11,41,088/- along with interest @ 6% per annum in favour of the claimants/respondents No.1 to 5.

This Court while staying the execution of the impugned award vide order dt. 05.07.2017 directed the appellant-Insurance Company to deposit

Rs.8,75,000/- along with interest as awarded by the Tribunal, 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.2,50,000/- 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. 22.04.2017 is modified to

the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.2,50,000/-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 @ 8% per annum over the due amount from the date of this order.

Stay petition also stands disposed of.

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