Partly allowed

Raja Ram and Anr. v. Anil Tiwari and 2 Others

Allahabad HC17 Apr 2019FAFO/563/2015

Case brief

AI extract

What is this about?

This is an appeal against a Motor Accident Claims Tribunal award for compensation. The court allowed the appeal partly based on a compromise. Fresh compensation of Rs.2,75,000 was awarded towards full and final settlement. The respondent insurance company was directed to deposit the amount with the Tribunal.

What did the court decide?

Impugned order modified to award Rs.2,75,000 towards full and final settlement; insurance company directed to deposit with Tribunal.

Raja Ram and Anr. Vs Anil Tiwari and 2 Others — Motor Accident Claims | Allahabad HC (2019)

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Court No. - 30

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Case :- FIRST APPEAL FROM ORDER No. - 563 of 2015

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Appellant :- Raja Ram And Anr. Respondent :- Anil Tiwari And 2 Others Counsel for Appellant :- Om Narayan Pandey Counsel for Respondent :- Karunesh Narayan Tripathi,Pranjal Mehrotra

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Hon'ble Harsh Kumar,J.

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Heard Shri Om Narayan Pandey learned counsel for claimants/appellants and Shri Pranjal Mehrotra learned counsel for respondent no.3, Chola Mandalam M.S. General Insurance Company Ltd.

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Learned counsel for claimants/appellants submits that against the impugned award dated 5.1.2015 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.1, Shahjahanpur (hereinafter referred as MACT) in Motor Accident Claim Petition No.26 of 2012 (Raja Ram and others vs. Anil Tiwari and others) by which compensation of Rs.55,000/- was awarded to claimants/ appellants, the present appeal has been filed for enhancement of compensation; that the case was fixed before Lok Adalat where the matter was settled for a sum of Rs.2,75,000/- towards full and final settlement of his claim, but since counsel for insurance company was not available the case could not be disposed of before Lok Adalat.

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He further submitted that claimants/appellants are satisfied, if the award is modified by awarding them a sum of Rs.2,75,000/- towards full and final settlement of claim as total amount of compensation.

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Shri Pranjal Mehrotra, learned counsel for respondent no.3, Chola Mandalam M.S. General Insurance Company Ltd. submitted that insurance company is ready to make payment of Rs.2,75,000/- to the claimants/appellants towards full and final settlement of their claim for compensation and he has been authorized by Mr. Pulak Kumar Assistant Manager-Claims (Legal),

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vide e-mail sent to him, the learned counsel for insurance company. Copy of e-mail provided by insurance company to learned counsel is produced and taken on record.

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In view of compromise arrived at between the parties, appeal is partly allowed and impugned order is modified awarding a sum of Rs.2,75,000/to the claimants/appellants towards full and final settlement of their claim for compensation on the death of their son in roadside accident on 7.11.2011.

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The respondent no.3 insurance company will deposit the entire amount of compensation with Tribunal in favour of claimants-appellants which will be payable to them in accordance with impugned award.

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Let a copy of judgment be sent to Court below/MACT, Shahjahanpur for ascertaining necessary compliance.

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Order Date :- 17.4.2019 VS

Raja Ram and Anr. v. Anil Tiwari and 2 Others

Case brief

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Raja Ram and Anr. v. Anil Tiwari and 2 Others

Case brief

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