In a civil appeal arising from a motor accident claim, the Hon'ble High Court allowed the enhancement of compensation quantum to Rs.42,000 upon consent of the insurance company, directing payment within twelve weeks or with interest at 9% p.a.
Enhanced compensation of Rs.42,000 payable within 12 weeks, or 9% interest per annum thereafter.
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I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN AT
JAI PUR BENCH, JAI PUR.
J U D G M E N T
S. B. Ci vi l Mi sc. Appeal No. 1789/ 2016 Pr em Chand Ar or a Vs. Manr aj Gur j ar and or s
DATE OF JUDGMENT : 27/ 05/ 2016 HON’ BLE MR. JUSTI CE MAHESH CHANDRA SHARMA
Mr . L. L. Gupt a, f or appel l ant / s . Mr . Ram Si ngh Bhat i , f or r espondent - I ns. Company.
Appl i cat i on under Sect i on 5 of t he Li mi t at i on Act i s al l owed. Del ay i s condoned.
Thi s appeal has been f i l ed agai nst t he i mpugned j udgment and awar d passed by t he Mot or Acci dent Cl ai ms Tr i bunal f or enhancement of t he quant um of compensat i on.
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 of on t he basi s of t he compr omi se.
The l ear ned counsel f or t he
r espondent / i nsur ance company gave consent f or enhanci ng t he amount of t he awar d i . e. Rs. 42, 000/ - ( r upees For t y Two t housands onl y) i n f avour of cl ai mant s. Thi s amount shal l be i n addi t i on t o t he amount awar ded by t he l ear ned Tr i bunal 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 r espondent - i nsur ance company shal l deposi t t he af or esai d enhanced amount wi t h t he l ear ned Tr i bunal wi t hi n a
per i od of t wel ve 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 mmedi at el y. I n case t he amount i s not pai d t o t he cl ai mant / s wi t hi n t he st i pul at ed per i od of t wel ve weeks, t he cl ai mant / s shal l be ent i t l ed t o i nt er est @ 9% per annum on t he enhanced amount f r om t he dat e of passi ng of t hi s 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 r espondent / 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 CHANDRA SHARMA) J.
Sur esh/ -
All corrections made in the judgment /order have been incorporated in the judgment /order being E-mailed.
SK Sharma DR
1 issue framed by the court
Whether the quantum of compensation awarded by the Motor Accident Claims Tribunal can be enhanced by consent of the parties via a compromise during the trial stage.
1 provisions across 1 enactments
Prem Chand Arora
Manraj Gurjar and ors
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
