Partly allowed

Hari Kishan v. Siya Ram and Ors.

Rajasthan HC7 Dec 2016CMA/128/2004

Case brief

AI extract

What is this about?

This appeal against a Motor Accident Claims Tribunal's award was disposed of by compromise. The Court directed the respondent-insurance company to deposit Rs. 10,000 additional compensation, disburse it within 12 weeks, and pay interest at 9% per annum for breach, while retaining powers to recall the order for policy violations.

What did the court decide?

The insurance company was directed to deposit Rs. 10,000 additional compensation with the Tribunal within 12 weeks and disburse it immediately; interest of 9% per annum applies for default.

Hari Kishan Vs Siya Ram and Ors. — Motor Accident Claims | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR

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BENCH, JAIPUR.

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JUDGMENT

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S. B. civi 1 Mi sc. Appeal No. 128/2004 Hari Kishan Vs . siyaram & O~S.

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DATE OF JUDGMENT 7/12/2016 HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Anil Agarwal for Mr. V.s.chauhan, for appellant/s. Mr. ~ukesh Pal Jadaun, for respondent No. 4 & 6. Mr. Amarnath Pareek, for respondent-1ns.company.

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This appeal has been filed against the impugned judgment and award passed by the Motor Accident claims Tribunal for enhancement of the quantum of compensation. ~eeping in view the pious work of ~ok 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 respondent/insurance company gave consent for enhancing the amount of the award i . e. Rs .10,000/(rupees Ten thousands on1 y) in favour of claimants. his amount shall be in addition to the amount awarded by the learned Tribunal and the cl aimants-appel lants are held entitled to get the aforesaid amount.

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In view of above, this appeal is partly allowed and it is di rected , that the respondent-insurance

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company shall deposit the aforesaid enhanced amount with the learned ~ribunal within a period of 12 weeks from the date of receipt of certified copy *of this order 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 12 weeks, the claimant/s shall be entitled to interest @ 9% per annum on the enhanced amount from the date of passing of this judgment. Rest of the terms under the award shall remain unchanged. However, it is made clear that if there is any breach of insurance policy or violation of the terms of the policy, the respondent/insusance 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 he can move an application before this court for recalling of the order.

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The impugned award stands modified, as indicated here-i n-above.

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CMAHESH CHANDRA SHARMA)~.

Hari Kishan v. Siya Ram and Ors.

Case brief

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Hari Kishan v. Siya Ram and Ors.

Case brief

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