Partly allowed

Ummed Singh and Others v. Ramphal and Others

Rajasthan HC20 Jul 2016CMA/1173/2016

Case brief

AI extract

What is this about?

The High Court condoned the delay in filing the appeal. On the basis of a compromise, the court partly allowed the appeal and enhanced the compensation award to Rs. 50,000, directed the insurance company to deposit the amount with the Tribunal within eight weeks, and granted interest at 9% per annum for any delay in payment.

What did the court decide?

The appeal was partly allowed; the award was enhanced to Rs. 50,000, to be deposited by the insurance company with the Tribunal within eight weeks, with 9% interest per annum payable for any delay.

Ummed Singh and Others Vs Ramphal and Others — Insurance | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.Civil Misc. Appeal No.1173/2016 (Ummed Singh & Ors. Versus Ramphal & Ors.)

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DATE OF JUDGMENT : 20/07/2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Sanjay Mehla, for appellant/s. Mr. V. Agarwal, for respondents/Ins. Company.

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Application U/s 5 of the Limitation Act is allowed and delay in filing the appeal is condoned.

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With the consent, the arguments have been heard and appeal is being decided finally at this stage.

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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 insurance company gave consent for enhancing the amount of the award i.e. Rs. 50,000/- (Rupees Fifty 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 eight 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 eight weeks, the claimant/s shall be entitled to interest @ 9% per annum on the enhanced amount from the date of receipt of certified copy of this judgment. It is made clear that the the aforesaid enhanced amount shall be in

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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. Dilip Khandelwal PA

Ummed Singh and Others v. Ramphal and Others

Case brief

What is this about?

What did the court decide?

Ummed Singh and Others v. Ramphal and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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