Partly allowed

Kumari Munni and Ors. v. M/S Kaptan Transpot Co. Ltd.

Rajasthan HC20 Oct 2016CMA/1825/2002

Case brief

AI extract

What is this about?

This appeal against a Motor Accident Claims Tribunal award was disposed of via a compromise. The High Court partly allowed the appeal, directing the insurance company to deposit an enhanced amount to the claimants within eight weeks.

What did the court decide?

Insurance company directed to deposit enhanced amounts to claimants within eight weeks; interest @ 9% p.a. if not paid within stipulated time.

Kumari Munni and Ors. Vs M/S Kaptan Transpot Co. Ltd. — Consumer Protection | 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.1825/2002

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Kumari Meenu @ Deenu D/o late Shri Suraj Prakash Kadel

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Shri Prakash S/o Late Shri Ram Niwas

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Yogesh S/o Shri Prakash Kadel

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Smt. Radha Devi @ Munni W/o Shyam Sundar

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Kumari Priti Daughter of Shyam Sunder

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All resident of J-234, Deepak Marg, Near Bhomiyo Ka Chhatri, Adarsh Nagar, Jaipur

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...Appellants / Claimants

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Versus

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M/s. Kaptan Transport Company, 1361, Sector No. 17, Faridabad (Haryana) 386/91, Main Road, Gajipur Village Delhi.

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M/s. Oriental Insurance company Ltd., Anand Bhawan, Sansar Chandra Road, Jaipur.

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...Respondents/Opp. Parties

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DATE OF JUDGMENT : 20/10/2016 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Mahendra Goyal, for appellant/s. Mrs. Manju Jain, 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 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 to the claimants – appellants in the following manner:

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Claimant no.1 Kumari Meenu @ Deenu D/o late Sh.Suraj Prakash Kadel -Rs.40,000/-

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Claimant no.2 Shri Prakash S/o Late - Shri Ram Niwas Rs. 5,000/-

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Claimant no.3 Yogesh S/o Shri Prakash Kadel - Rs. 15,000/-

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claimant no.4 Smt. Radha Devi @ Munni W/o Shaym Sundar Rs. 15,000/-

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Claimant No.5 Kumari Priti Daughter of Shyam Sunder Rs. 35,000/-

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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 within a period of twelve weeks thereafter. In case the amount is not paid to the claimant/s within the aforesaid stipulated period, 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

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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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Kumari Munni and Ors. v. M/S Kaptan Transpot Co. Ltd.

Case brief

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Kumari Munni and Ors. v. M/S Kaptan Transpot Co. Ltd.

Case brief

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