Partly allowed

Om Prakash Kharwal v. Hanuman Singh and Others

Rajasthan HC22 Sept 2016CMA/1258/2011

Case brief

AI extract

What is this about?

In an appeal Against a Motor Accident Claims Tribunal award, a compromise was recorded enhancing the compensation amount. The court allowed the appeal partly, directing the insurer to deposit the enhanced lump sum with the Tribunal for disbursement to the claimant within eight weeks.

What did the court decide?

The insurance company directed to deposit Rs. 1,75,000 with the Tribunal within eight weeks to be paid to the claimant, along with 9% interest from the date of receipt of certified copy.

Om Prakash Kharwal Vs Hanuman Singh and Others — Insurance | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

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S.B.Civil Misc. Appeal No.1258/2011

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Om Prakash Kharwal, son of Mool Chand, Aged 28 years, R/o Suraj Ki Dhani, Ward No.15, Chaksu, District Jaipur.

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...Claimant Appellant

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Versus

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Hanuman Singh son of Ghasi Singh, resident of Sanjay Nagar Kachhi Basti, Ajmer Road Jaipur at present Speedways Carriers Pvt. Ltd., Shanti Sadan, Church Road, Opp. MI Road, Jaipur (Driver)

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Speedways Carriers Pvt. Ltd., through its Director Harish Kumar Lakhotiya son of Gopal Lal nama, resident of Shanti Sadan, Church Road, Opposite M.I. Road, Jaipur through its power of attorney holder Laxman Nama son of Gopal Lal Nama, resident of 3423, Jailal Munshi Ka Rasta, Chandpole Bazar, Jaipur (Owner)

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ICICI Lombard General Company Limited having its Regional Office at Gopalpura Bypass overbridge, Tonk Road, Jaipur through its Regional Manager.

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....Non Claimants Respondents

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DATE OF JUDGMENT : 22/09/2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Vinay Mathur, for appellant/s. Mr. Virendra Agarwal, for respondents/Ins. Company.

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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

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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. 1,75,000/- (Rupees One Lakh Seventy 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 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 aforesaid enhanced amount shall be in addition to the amount awarded 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 judgment/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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Om Prakash Kharwal v. Hanuman Singh and Others

Case brief

What is this about?

What did the court decide?

Om Prakash Kharwal v. Hanuman Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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