Partly allowed

Ram Kalyan Meghwal v. Abdul Rashid and Others

Rajasthan HC11 Mar 2015CMA/3878/2014

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal award, the High Court allowed the appellant's portion of the claim based on a compromise. The court enhanced the award amount to Rs. 35,000 and directed the Insurance Company to deposit the enhanced sum with the Tribunal within twelve weeks. Failure to pay attracts 9% annual interest.

What did the court decide?

Cancelled the impugned award order and modified it to enhance the claim amount to Rs. 35,000.

Ram Kalyan Meghwal Vs Abdul Rashid and Others — Insurance | 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.3878/2014 (Ram Kalyan Versus Abdul Rashid & Ors.)

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DATE OF JUDGMENT : 11/03/2015 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. KN Tiwari, for appellant/s . Mr. Ali Mohd. Khan, for respondents/Ins. Company.

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Application is allowed and delay is condoned. 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 insurance company gave consent for enhancing the amount of the award i.e. Rs. 35,000/- (Rupees Thirty 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

Ram Kalyan Meghwal v. Abdul Rashid and Others

Case brief

What is this about?

What did the court decide?

Ram Kalyan Meghwal v. Abdul Rashid 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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Case details

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