High CourtsSingle Bench(2022) 02 RAJ CK 0040

Reliance General Insurance Company Limited vs Kamla Kanwar Kamla Kanwar

Rajasthan High Court · Decided on 10 February 2022

HON’BLE JUDGES
Manoj Kumar Garg, J
RESULT
Partly Allowed
CASE NUMBER
S.B. Civil Miscellaneous Appeal No. 1383 Of 2016

AI Structured Summary

Not yet generated for this judgment

Judgment

15 paragraphs · 258 words

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. 16.03.2016 passed by the Judge, Motor Accident Claims Tribunal Rajsamand in MAC Case No.364/2011, vide which the learned Judge

awarded compensation to the tune of Rs.9,79,000/- along with interest @ 9% per annum to the claimants/respondents No.1 to 5.

This Court while staying the execution of the impugned judgment and award dt. 16.03.2016 directed the appellant-Insurance Company to deposit

Rs.7,50,000/-, which was ordered 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.5,00,000/- 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. 16.03.2016 is modified to

the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.5,00,000/-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

claimants within the stipulated time, the appellant-Insurance Company shall also pay interest @ 6% per annum over the due amount from the date of

this order.

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