The single bench allowed an S.B. Civil Misc. Appeal partly on a compromise basis, directing the Insurance Company to deposit an additional Rs.50,000 as enhanced compensation alongside the original award within eight weeks.
Insurance Company directed to deposit additional ₹50,000 within eight weeks; 9% per annum interest if not paid.
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.
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S.B. Civil Misc. Appeal No.652/2004.
6.10.2012
HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr.Anshul Sharma, for the appellants. Mr.Amarnath Pareek for the respondent No.3.
This appeal has been filed against the judgment and award dated 16.12.2003 passed by MACT for enhancement of quantum of compensation.
Mr.Amarnath Pareek 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. Rs.50,000/-(Fifty 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. The record of the case may be sent to the MACT concerned immediately.
(Mahesh Chandra Sharma) J.
mcs.
“All corrections made in the judgment/order have been incorporated in the
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judgment/order being emailed” Mahesh Chandra Sharma
P.S.
1 issue framed by the court
Whether the S.B. Civil Misc. Appeal should be disposed of based on the consent of parties.
Appellants
Insurance Company
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
