The High Court disposed of the civil miscellaneous appeal by modifying the Motor Accident Claim Tribunal's award based on a post-filing compromise dated 8.3.2022 between the parties for enhanced compensation and interest.
Compromise dated 8.3.2022 accepted; Tribunal award modified accordingly.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 4203/2008
Rajendra Kumar Nagar, S/o Shri Gulab Chand Nagar, aged 26 years, R/o Kankadada, Tehsil Kishangarh, Distt. Baran (Raj.)
----Claimant Appellant
Versus
----Respondents
For Appellant(s) : Mr. Sandeep Mathur, Advocate For Respondent(s) : Mr. Rishipal Agarwal, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA Judgment
29/03/2022
This appeal has been filed by the claimant-appellant (for short, 'the claimant') for enhancing the amount of compensation, as awarded by the Tribunal vide its judgment dated 19.6.2003.
At the very out-set, learned counsel for the parties submit that the matter has been amicably settled between the parties by way of compromise before Rajasthan High Court Legal Services Committee, Jaipur. A copy of the compromise dated 8.3.2022 duly signed by learned counsel for both the parties has been placed on record, relevant part of which reads as under:
"Learned advocates of both the parties agreed for the enhancement of award Rupees 1,25,000/- (In words) Rupees One Lakh Twenty
(2 of 2)
[CMA-4203/2008]
Five Hundred only alongwith the interest of 3% from the date of filing of the claim petition till the date of actual payment of the amount to the claimant in above mentioned case in the upcoming National Lock Adalat. Other conditions shall remain same as decided by the Motor Accident Claim Tribunal. If payment is not made within two months from the date of award, then interest at the rate of 6% per annum shall be paid for subsequent period (i.e. after 2 months from the date of award) till payment is made."
They have prayed to decide the appeal in the light of the aforesaid compromise.
In view of the said compromise dated 8.3.2022 arrived at between the parties, the appeal stands disposed of in terms of the compromise. The impugned judgment and award dated 19.6.2003 passed by the Tribunal is modified accordingly.
This order shall be treated as an integral part of the judgment dated 19.6.2003 passed by the Tribunal.
(PRAKASH GUPTA),J
DK/2
Rajendra Kumar Nagar
Lalit
Prahlad Sharma
The New India Assurance Company Limited
Prakash Gupta
As recorded by the court registry
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