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2021 DIGILAW 305 (RAJ)

Mohan Lal v. United India Insurance Co. Ltd.

2021-02-08

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. The matter is listed in the 'orders' category for effecting service of notices upon the unserved respondent No. 2. 2. At the request of learned counsel for the appellants, the service of notices upon the respondent No. 2 is dispensed with in both the appeals at the risk and cost of the appellants. 3. With the consent of the learned counsel for the parties, the matter is taken up for final hearing today itself. 4. Both the aforesaid appeals shall stand decided by this common order as they arise out of the common judgment and award. 5. The present appeals for enhancement have been filed by the appellants-claimants - Mohan Lal as well as Lalu Ram and Smt. Kala Bai against the common Judgment and Award dated 05.07.2017 passed by the Judge, Motor Accident Claims Tribunal, Nimbahera, District Chittorgarh in Motor Accident Claim Case Nos. 39/2011 & 40/2011, respectively, whereby the Tribunal has awarded a sum of Rs. 1,76,000/- in favour of the appellant-claimant - Mohan Lal in CMA No. 2859/2017 on account of the injuries suffered by him in the accident which occurred on 16.12.2010 and Rs. 2,80,200/- in favour of the appellants-claimants - Lalu Ram & Smt. Kala Bai in CMA No. 2831/2017 on account of death of the deceased Chaman Lal, which took place in the same accident. 6. Heard learned counsel for the parties. 7. Learned counsel for the appellant-claimant submits that the amount of compensation assessed by the Tribunal vide Judgment and Award dated 05.07.2017 is on the lower side and the requisite parameters of computation have not been complied with in this case. S. B. Civil Misc. Appeal No. 2859/2017 8. Learned counsel for the respondent - Insurance Company in the spirit of lok adalat has fairly made an offer of Rs. 1,75,000/-(inclusive of interest) in addition to the amount already awarded by the Tribunal vide Judgment and Award dated 05.07.2017 towards full and final settlement of the claim of the appellant-claimant in this case. 9. Learned counsel for the appellant-claimant gracefully accepted the proposal for enhancement in the present case. 10. In view of the above, the present appeal is disposed of with a direction to the respondent - Insurance Company to pay a sum of Rs. 9. Learned counsel for the appellant-claimant gracefully accepted the proposal for enhancement in the present case. 10. In view of the above, the present appeal is disposed of with a direction to the respondent - Insurance Company to pay a sum of Rs. 1,75,000/- (inclusive of interest) to the appellant-claimant in addition to the amount already awarded by the tribunal vide its Judgment and Award dated 05.07.2017 towards full and final settlement in this case within a period of six weeks from today. If the said amount is not paid within the stipulated period, it will carry interest @ 6% per annum, till the actual payment is made. S. B. Civil Misc. Appeal No. 2831/2017 11. Learned counsel for the respondent - Insurance Company in the spirit of lok adalat has fairly made an offer of Rs. 4,50,000/-(inclusive of interest) in addition to the amount already awarded by the Tribunal vide Judgment and Award dated 05.07.2017 towards full and final settlement of the claim of the appellants-claimants in this case. 12. Learned counsel for the appellants-claimants gracefully accepted the proposal for enhancement in the present case. 13. In view of the above, the present appeal is disposed of with a direction to the respondent - Insurance Company to pay a sum of Rs. 4,50,000/- (inclusive of interest) to the appellant-claimant in addition to the amount already awarded by the tribunal vide its Judgment and Award dated 05.07.2017 towards full and final settlement in this case within a period of six weeks from today. If the said amount is not paid within the stipulated period, it will carry interest @ 6% per annum, till the actual payment is made.