Vinod Aswal v. Reliance General Insurance & Ors.

HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Gaurav Gupta, for the appellant Mr. Virendra Agarwal, for the insurance company --- The learned counsel for the appellant filed an application No.25209 dated 13.8.2012 under section 151 of the CPC for premature release of FDR No. 939705 of Rs. 2,00,000/-. Along with the application he has also filed affidavit. I have gone through the application. The application is allowed. The amount of Rs. 2,00,000/- of FDR No. 939705 be disbursed to the claimant- appellant. The counsel for the appellant and the counsel for the insurance company both pray that the appeal may also be disposed today. This appeal has been filed against the award of the Motor Accident Claims Tribunal. Against this award of the Claims Tribunal, the claimant has filed this appeal for enhancement of the claim amount. Keeping in view the pious work of Lok Adalat, at this stage the counsel for both the parties i.e. the claimant and the insurance company agree that this appeal may be disposed on the basis of the compromise. The learned counsel for the insurance company gave consent for enhancing the amount of the award i.e. Rs.50,000/- ( Rupees fifty thousand only). This amount shall be in addition to the money awarded in the award dated 3.6.2011. The insurance company shall deposit the amount within a period of eight weeks from today and the same shall be disbursed to the claimant. In case the amount is not paid within a period of eight weeks the claimant shall be entitled to interest at the rate of 9 % per annum from the date of passing of this order. 2 With the above directions this misc. appeal stands disposed of. (Mahesh Chandra Sharma) J. Pareek/- All corrections made in the judgment/order have been incorporated in the judgment/ order being emailed (O P Pareek) PS-cum JW