The High Court modified the Motor Accident Claims Tribunal's award of Rs.5,84,000 to a lump-sum amount of Rs.5,45,000 payable in addition to amounts already paid, by agreement of parties, within two months.
Impugned award modified; appellant to pay Rs.5,45,000 within two months; 7% p.a. interest on balance if not paid.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 525/2016
Reliance Genral Insurance Company Ltd
----Appellant
Versus
Mohan Singh And Ors.
----Respondent
For Appellant(s) : Mr. T.R.S. Sodha For Respondent(s) : Mr. Sandeep Sarupari
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
16/03/2022
This Civil Misc. Appeal has been filed under Section 173 Motor Vehicles Act, 1988 by the appellant-Insurance Company against the Judgment-Award dated 18.11.2015 passed by the learned Judge, Motor Accident Claims Tribunal, Rajsamand (hereinafter referred to as ‘the learned tribunal’ for short), in MACT Case No.219/2013, vide which the learned tribunal awarded compensation to the tune of Rs.5,84,000/- alongwith the interest @9% in favour of the claimants-respondents No.1 to 3.
This Court while staying the execution of the impugned award vide order dated 26.02.2016 directed the appellantInsurance Company to deposit sum of Rs.2,50,000/- of the award amount as against the total award amounted amount of Rs.5,84,000/-, which was ordered to be disbursed to the claimants.
Learned counsel for the appellant-Insurance Company as well as learned counsel for the respondents-claimants submit that
(2 of 2)
[CMA-525/2016]
in the spirit of Lok Adalat both the parties have agreed on payment of a lump-sum amount of Rs.5,45,000/- 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 present appeal is partly allowed.
The impugned judgment & award dated 18.11.2015 is modified to the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.5,45,000/- to the claimantsrespondents in addition to the amount already paid to the claimants, as agreed by them, within a period of two months 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 @7% per annum over the due amount from the date of this order.
If the record of the learned tribunal is summoned, the same be sent back forthwith.
(MADAN GOPAL VYAS),J
94-Jagjeet/-
2 issues framed by the court
Whether the impugned award of the Motor Accident Claims Tribunal should be modified upon agreement between parties for a lump-sum payment.
Whether interest is payable on the unsigned portion of the award if not paid by the stipulated time.
Reliance General Insurance Company Ltd
Mohan Singh
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
