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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. 16.03.2016 passed by the Judge, Motor Accident Claims Tribunal Rajsamand in MAC Case No.364/2011, vide which the learned Judge
awarded compensation to the tune of Rs.9,79,000/- along with interest @ 9% per annum to the claimants/respondents No.1 to 5.
This Court while staying the execution of the impugned judgment and award dt. 16.03.2016 directed the appellant-Insurance Company to deposit
Rs.7,50,000/-, which was ordered to be disbursed to the claimants.
Learned counsel for the parties submits that in the spirit of Lok Adalat, both the parties have agreed on payment of a lump-sum amount of
Rs.5,00,000/- 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.
In view of the submissions made by the parties, the civil misc. appeal is partly allowed. The impugned judgment & award dt. 16.03.2016 is modified to
the extent that the appellant-Insurance Company shall pay lump-sum amount of Rs.5,00,000/-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
claimants within the stipulated time, the appellant-Insurance Company shall also pay interest @ 6% per annum over the due amount from the date of
this order.
Record of the Tribunal, if any received, be sent back immediately.