Reliance General Insurance Company Limited v. Kamla
2022-02-14
MANOJ KUMAR GARG
body2022
DigiLaw.ai
JUDGMENT 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. 20.10.2016 passed by the Judge, Motor accident Claims Tribunal, Barmer in MaC Case No.125/2015, vide which the learned Judge awarded compensation to the tune of Rs.12,16,424/- along with interest @ 9% per annum in favour of the claimants/respondents No.1 to 3. 2. This Court while staying the execution of the impugned award vide order dt. 14.02.2017 directed the appellant-Insurance Company to deposit Rs.9,00,000/- along with interest as awarded by the Tribunal, which was ordered to be disbursed to the claimants. 3. 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.4,00,000/- 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. 4. In view of the submissions made by the parties, the civil misc. appeal is partly allowed. The impugned judgment & award dt. 20.10.2016 is modified to the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.4,00,000/-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 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. 5. Stay petition also stands disposed of. 6. Record of the Tribunal, received if any, be sent back immediately.