Partly allowed

Dr Brij Mohan v. Ladu Lal

Rajasthan HC1 Apr 2015CMA/2922/2009

Case brief

AI extract

What is this about?

In S.B.Civil Misc. Appeal No.2922/2009, the Rajasthan High Court enhanced the compensation award from the Motor Accident Claims Tribunal by consent. The insurer was directed to deposit the enhanced amount within twelve weeks, with interest provisions for delay.

What did the court decide?

Appeal partly allowed; insurance company directed to deposit enhanced amount of Rs. 1,55,000/- within twelve weeks with 9% p.a. interest on delay.

Dr Brij Mohan Vs Ladu Lal — Motor Accident Claims | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.Civil Misc. Appeal No.2922/2009

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(Dr. Brij Mohan & Anr. Versus Ladu Lal Meena & Ors.)

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DATE OF JUDGMENT : 1/04/2015 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Ritesh Jain, for appellant/s . Mr. Raajpal Chaudhary, for Oriental Ins. Company. Mr. Vinod Tyagi, for National Insurance Co.

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This appeal has been filed against the impugned judgment and award passed by the Motor Accident Claims Tribunal.

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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 Oriental Insurance Company gave consent for enhancing the amount of the award i.e. Rs. 1,55,000/- (Rupees One Lakh Fifty Five Thousand).

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In view of above, this appeal is partly allowed; the claimant(s)-appellant(s) is/are held entitled to get the aforesaid amount from the Insurance Co. and the Insurance Co. is directed to 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 judgment 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. It is made clear that the the aforesaid enhanced amount shall be in addition to the amount award by the learned Tribunal. 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 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 they 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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All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.

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Dilip Khandelwal PA

Dr Brij Mohan v. Ladu Lal

Case brief

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Dr Brij Mohan v. Ladu Lal

Case brief

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