Partly allowed

Aslam v. Peush Mishra and Others

Rajasthan HC6 Apr 2015CMA/1437/2013

Case brief

AI extract

What is this about?

S.B. Civil Misc. Appeal where appellant sought enhancement of motor accident compensation. Court condoned delay under Limitation Act. Settlement reached for Rs. 60,000 enhancement. Appeal partly allowed; company directed to deposit amount.

What did the court decide?

Delay condoned. Appeal partly allowed. Respondent Insurance Company to deposit enhanced amount of Rs. 60,000 within 12 weeks. Interest @ 9% p.a. on default.

Aslam Vs Peush Mishra and Others — Insurance | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JAIPUR BENCH, JAIPUR.

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J U D G M E N T

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S.B.Civil Misc. Appeal No.1437/2013 (Aslam Vs. Peush Mishra)

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DATE OF JUDGMENT : 06/04/2015 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr.Bhanu Prakash, for appellant/s .

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Ms.Chitra Goyal, for respondent-Ins.Company.

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The application filed under Sec.5 of Limitation Act is allowed.

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Delay is condoned.

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This appeal has been filed against the impugned judgment and award passed by the Motor Accident Claims Tribunal for enhancement of the quantum of compensation.

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Keeping in view the pious work of Lok Adalat, at this stage, the counsel for both the parties i.e. the claimant/s and the insurance company agree that this appeal may be disposed of on the basis of the compromise.

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The learned counsel for the

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respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.60,000/(rupees sixty thousands only) in favour of claimants. This amount shall be in addition to the amount awarded by the learned Tribunal and the claimants-appellants are held entitled to get the

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aforesaid amount.

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In view of above, this appeal is partly allowed and it is directed that the respondentinsurance company shall deposit the aforesaid enhanced amount with the learned Tribunal within a period of twelve weeks from the date of receipt of certified copy of this order and the same shall be disbursed to the claimant/s immediately. In case the amount is not paid to the claimant/s within the stipulated period of twelve weeks, the claimant/s shall be entitled to interest @ 9% per annum on the enhanced amount from the date of passing of this judgment. Rest of the terms under the award shall remain unchanged.

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However, it is made clear that if there is any breach of insurance policy or violation of the terms of the policy, the respondent/insurance company shall be at liberty to move an application before the executing court for recovering the amount from the owner of the offending vehicle or he can move an application before this court for recalling of the order.

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The impugned award stands modified, as indicated here-in-above.

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(MAHESH CHANDRA SHARMA)J.

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Sandeep/-188

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All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed. SANDEEP RAWAT,Sr.P.A.

Aslam v. Peush Mishra and Others

Case brief

What is this about?

What did the court decide?

Aslam v. Peush Mishra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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