Partly allowed

Smt Tara Devi and Others v. Sanwar Mal Kumawat and Others

Rajasthan HC18 Jul 2016CMA/2148/2012

Case brief

AI extract

What is this about?

The appeal against the Motor Accident Claims Tribunal award was settled through Lok Adalat. The court enhanced the compensation by Rs. 80,000. The insurance company agreed to deposit the amount to the Tribunal to be disbursed to claimants within twelve weeks.

What did the court decide?

Enhancement of compensation by Rs. 80,000 ordered to be deposited by the respondent within eight weeks and disbursed within twelve weeks.

Smt Tara Devi and Others Vs Sanwar Mal Kumawat and… — Motor Accident Claims | Rajasthan HC (2016)

¶1

In High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur

¶2

JUDGMENT S.B. Civil Misc. Appeal No.2148/2012 Smt. Tara Devi & Ors. Vs. Sanwarmal Kumawat & Ors.

¶3

¶4

18.7.2016

¶5

HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

¶6

Mr. Ashok Sharma, for the appellant/s Mr. Ritesh Jain for the insurance company

¶7

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.

¶8

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.

¶9

The learned counsel for the

¶10

respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.80,000/(rupees eighty thousand only) in favour of claimants. This amount shall be in addition to the amount awarded by the learned Tribunal and the claimants-appellants are held entitled to get the aforesaid amount.

¶11

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

¶12

company shall 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 order and the same shall be disbursed to the claimant/s twelve weeks. In case the amount is not paid to the claimant/s within the stipulated period of twelve 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.

¶13

However, it is made clear that if there is any breach of insurance policy or violation of the terms of the policy, the respondent/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 he can move an application before this court for recalling of the order.

¶14

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

¶15

(Mahesh Chandra Sharma) J.

¶16

Sharma NK

Smt Tara Devi and Others v. Sanwar Mal Kumawat and Others

Case brief

What is this about?

What did the court decide?

Smt Tara Devi and Others v. Sanwar Mal Kumawat and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suresh Kumar Vs State of Rajasthan through Pp

Atul Jain Vs Shri a P Kala

Satya Narayan Vs State of Rajasthan through Pp

Jagdish Prasad Vs Bihari Lal and Ors.

Vinod Kumar Jyotishi Vs Addl Director Adm Prim and Sec Ed and Ot

Suresh Chand Vs Rohitash Jat and Others