The High Court, in civil miscellaneous appeal, enhanced compensation awarded for a motor accident death claim under the Banker's supervision of Lok Adalat spirit, directing payment of additional Rs.1,57,000 along with adjusted interest.
Award of compensation enhanced by an additional Rs.1,57,000/- with interest at 7.5% per annum from 03.07.1995.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 18/2000
Appellants No.3 & 4 are minors through their natural guardian and mother Smt. Sovni widow of Late Shri Lobu, appellant No.1. All R/o Nanakpura Tehsil Mandal, District Bhilwara.
----Appellant
Versus
----Respondent
For Appellant(s) : Mr. Hemant Bhati & Mr. Sanjay Nahar. For Respondent(s) : Mr. L.D. Khatri.
HON'BLE MR. JUSTICE P.K. LOHRA
Judgment
05/08/2019
Appellant-claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘Act’) with a prayer for enhancement of compensation quantified and awarded by Motor Accident Claims Tribunal, Bhilwara vide judgment and award dated 05.10.1999. Learned Tribunal, while adjudicating the appellants’ claim, has awarded compensation to the tune of Rs.1,14,000/- with interest @ 12% for death of Lobu (Lobhchand)
(2 of 3)
[CMA-18/2000]
in a road accident, which occurred on 09.06.1995. The accident was caused by Truck bearing Registration No.RJ-01-G-1807, which was insured with third respondent-Insurer.
The only contention of learned counsel for the appellants is that compensation awarded by learned Tribunal is grossly inadequate and even not satisfying the requirements of just and fair compensation.
Learned counsel appearing for respondent-Insurance Company submits that the Insurer is prepared to settle the matter perpetually by enhancing the amount of compensation in the spirit of Lok Adalat, but argued that interest awarded on the award amount is excessive and exorbitant and therefore it should be reduced.
After threadbare deliberations, rival parties have agreed for interest @7.5% on the enhanced amount of compensation from the date of filing claim petition i.e. 03.07.1995.
While agreeing with the proposal of learned counsel for the Insurer and inspired by the spirit of Lok Adalat, learned counsel appearing for the appellants has also consented for deciding the matter in the spirit of Lok Adalat to enhance the amount of compensation.
As agreed by learned counsel for the parties, the amount of compensation awarded by learned Tribunal merits enhancement of additional amount of Rs.1,57,000/-.
(3 of 3)
[CMA-18/2000]
In view thereof, the impugned award is accordingly modified and amount of compensation is redetermined and quantified and the respondent-Insurance Company is directed to pay additional lump sum amount of Rs.1,57,000/- to the claimants with interest @ 7.5% per annum on the aforementioned compensation amount from the date of filing claim petition i.e. 03.07.1995, within a period of two months from today or deposit the same with learned Tribunal. Upon depositing the enhanced amount of compensation with interest, the Tribunal shall disburse the same to the appellant-claimants in accordance with law.
(P.K. LOHRA),J
71-a.asopa/-
2 issues framed by the court
Whether the compensation awarded by the Tribunal was adequate and merits enhancement.
Whether the interest rate on the compensation award is excessive or reasonable.
1 provisions across 1 enactments
Mst. Sovni (Sohani)
Ms. Ghisi
Mst. Sayari
Shanker
Prathvi Raj Singh
Ravi Sahu
P.K. LOHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
