Appeal against Motor Accident Claims Tribunal award partially allowed. Court directed insured company to deposit enhanced compensation amount of Rs. 35,000 as agreed in compromise, payable within eight weeks with 9% interest if delayed.
Insurance company directed to deposit Rs. 35,000 additional to award within eight weeks; 9% interest applicable for delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.B. Civil Misc. Appeal No.1969/2007. Mool Chand & Anr. V/s. Shiv Karan & Ors.
1.10.2012
HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. Sitaram Samota, for the appellants. Mr. J.K.Singhi, Senior Advocate with Mr. Revindrapal Singh for the respondent No.3. Mr. G.L.Sharma, for the respondent No.5.
This appeal has been filed against the judgment and award dated 15.12.2006 passed by MACT for enhancement of quantum of compensation.
Mr. J.K.Singhi Sr.Advocate with Mr. Ravindrapal Singh for Mr.Praveen Jain 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. Rs35,000/-(Thirty Five 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 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.
Mool Chand
Shiv Karan
Insurance Company
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
