High Court disposed of a civil appeal compromising between claimants and an insurance company, allowing enhancement of compensation by adding Rs. 10,000.
Enhancement of award by Rs. 10,000 to be deposited within 12 weeks; failure to pay attracts 9% interest per annum.
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I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN AT JAI PUR BENCH, JAI PUR
S. B. Ci vi l Mi sc. Appeal No. 3276/ 2014 ( Sat yaveer Vs. Sandeep Kumar & Or s. )
Dat e of Judgment : : 18. 3. 2015
HON' BLE MR. JUSTI CE MAHESH CHANDRA SHARMA
Mr . Anoop Agar wal , counsel f or t he appel l ant . Mr . Vi r endr a Agar wal , counsel f or t he I nsur ance Company.
Thi s appeal has been f i l ed agai nst t he j udgment and awar d passed by MACT f or enhancement of t he quant um of compensat i on.
Mr . Vi r endr a Agar wal Advocat e appear s on behal f of t he I nsur ance Company.
Keepi ng i n vi ew t he pi ous wor k of Lok Adal at , at t hi s st age t he counsel f or bot h t he par t i es i . e. t he cl ai mant s and t he i nsur ance company agr ee t hat t hi s appeal may be di sposed on t he basi s of t he compr omi se. The l ear ned counsel f or t he i nsur ance company gave consent f or enhanci ng t he amount of t he awar d i . e. Rs. 10, 000/ - ( Rs. Ten Thousand) .
The enhanced amount shal l be i n addi t i on t o t he awar d amount and t he cl ai mant s appel l ant s ar e hel d ent i t l ed t o get t he af or esai d amount .
I n vi ew of above, t hi s appeal i s par t l y al l owed and i t i s di r ect ed t hat t he i nsur ance company shal l deposi t t he af or esai d amount wi t h t he l ear ned Tr i bunal wi t hi n a per i od of 12 weeks f r om t he dat e of r ecei pt of cer t i f i ed copy of t hi s or der and t he same shal l be di sbur sed t o t he cl ai mant s. I n case t he amount i s not pai d t o t he cl ai mant s wi t hi n a per i od of 12 weeks, t he cl ai mant s shal l be ent i t l ed t o i nt er est on t he enhanced amount @ 9 % per annum f r om t he dat e of passi ng of t hi s
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j udgment . Rest of t he t er ms under t he awar d shal l r emai n unchanged. However , i t i s made cl ear t hat i f t her e i s any br each of i nsur ance pol i cy or vi ol at i on of t he t er ms of t he pol i cy, t he i nsur ance company shal l be at l i ber t y t o move an appl i cat i on bef or e t he execut i ng cour t f or r ecover i ng t he amount f r om t he owner of t he of f endi ng vehi cl e or he can move an appl i cat i on bef or e t hi s cour t f or r ecal l i ng of t he or der .
The i mpugned awar d st ands modi f i ed, as i ndi cat ed her e- i n- above.
( Mahesh Chandr a Shar ma) J.
Sur esh
All corrections made in the judgment /order have been incorporated in the judgment / order being E-mailed.
SK Sharma PS
Satyaveer
Sandeep Kumar & Ors.
Mahesh Chandra Sharma
As recorded by the court registry
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