The Oriental Insurance Co. Ltd. vs Smt. Seema Rautela and others

Hon''ble B.S. Verma, J.

(Modification Application No. 229 of 2012)

Heard learned counsel for the parties on modification application and perused the record. The applicant Smt. Munni Devi W/O Ratan Singh Resident of village Bilori, Tehsil and District Bageshwar has moved the modification application, whereby modification of the order dated 21-5-2011 passed by this Court has been sought.

The A.O. No. 162 of 2009 was preferred by the Insurance Company against the award dated 24-3-2009, passed by the Motor Accident Claims Tribunal/District Judge, Bageshwar (for short the M.A.C.T.) in Motor Accident Claim Case No. 10 of 2006, Smt. Seema Rautela Vs. Sekhar Chandra Joshi and others, whereby the claim petition was allowed for a compensation of Rs. 4,40,000/- against the Oriental Assurance Company along with 8% simple interest. It was also directed that out of the amount of compensation, a sum of Rs. 1,00,000/- shall be deposited in the name of Smt. Munni Devi, mother of the deceased for a period of five years and an amount of Rs. 2,00,000/- was directed to be deposited in the name of Smt. Seema Rautela, the claimant, for a period of eight years in some nationalized bank or post office and the remaining amount of Rs. 1,40,000/- was directed to be paid to the claimant.

In the Lok Adalat, held on 21-5-2011 in the High Court of Uttarakhand at Nainital, both the parties entered into a compromise, which was arrived at between the appellant-Insurance Company and the respondent no. 1 Smt. Seema Rautela and consequently, compensation worth Rs. 3,25,000/- was awarded in terms of the compromise in the appeal.

In the course of arguments, learned counsel for the applicant, who was also a counsel on behalf of the respondent no. 1-claimant Smt. Seema Rautela before this Court in the appeal as well as learned counsel for the Insurance Company-appellant have agreed that a direction may be issued to the M.A.C.T. concerned to reduce the amount of compensation in proportionate as per award passed in appeal.

Considering the submissions made by the parties counsel, it would be in the fitness of things to issue a direction to the M.A.C.T. concerned that the amount of compensation be reduced in the same ratio as the award stands reduced from the amount of Rs. 4,40,000/- to Rs. 3,25,000/- and the amount of the award may be directed to be kept in the fixed deposit and be disbursed in the same ratio in favour of the persons concerned. Accordingly, the learned M.A.C.T. concerned is directed that the amount of compensation be reduced vis-�-vis the applicant and the claimant-respondent no. 1 in the same ratio as has been reduced by this Court in appeal and the amount so reduced proportionately be kept in the fixed deposit in the name of the applicant and the claimant-respondent no. 1 and be also disbursed as per Award dated 24-3-2009. The modification application stands disposed of accordingly.