The Court condoned filing delay in the appeal against a Motor Accident Claims Tribunal award, allowing it based on a compromise. The appellant insurer agreed to an additional compensatory payment of Rs. 15,000.
The appeal is partly allowed; the insurance company is directed to deposit Rs. 15,000 with the Tribunal within eight weeks.
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S.B. Civil Misc. Appeal No. 1451/2008 Abdul Kayum V/s. Dhanraj & Ors. ----
HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Date – 4.10.2012
Mr. K.N.Tiwari for the Appellant. Mrs. Archana Mantri for the Insurance Company.
Heard on application filed U/s. 5 of the Limitation Act and perused the contents thereof.
I am satisfied with the cause shown in the application in filing the appeal with delay. Hence, the delay is condoned and the application U/s. 5 of the Limitation Act stands allowed. Both the parties pray that the main appeal may also be disposed today.
This appeal has been filed against the judgment and award dated 20.12.2007 passed by MACT for enhancement of quantum of compensation.
Mrs. Archana Mantri puts his appearance on behalf of Insurance Company. The other respondents are formal parties.
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. Rs15,000/-(Fifteen Thousand). This amount shall be in addition to the award amount.
In view of above, this appeal is partly allowed and it is directed that the insurance company shall deposit the aforesaid amount with the learned Tribunal within a period of eight weeks from today
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and the same shall be disbursed to the claimant(s). In case the amount is not paid to the claimant(s) within a period of eight weeks the claimant(s) shall be entitled to interest at the rate of 9 % per annum from the date of passing of this order.
The impugned award stands modified, as indicated here-in-above.
(Mahesh Chandra Sharma) J.
Suresh
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed”
Suresh Kumar Sharma
P.S.
1 provisions across 1 enactments
Abdul Kayum
Dhanraj & Ors.
Mahesh Chandra Sharma
As recorded by the court registry
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