Partly allowed

Lalit Ramawat v. Madhu Ram and Others

Rajasthan HC26 Sept 2016CMA/2303/2014

Case brief

AI extract

What is this about?

The High Court partly allowed an appeal arising from a Motor Accident Claims Tribunal award. The Court enhanced the compensation amount to Rs. 75,000/- to be deposited by the respondent insurance company, with interest provisions for delay and a mechanism to recall the order upon policy breach.

What did the court decide?

Respondent-Insurance Company to deposit Rs. 75,000/- with Tribunal within 12 weeks; interest at 9% p.a. if delayed; recall order possible if policy breached.

Lalit Ramawat Vs Madhu Ram and Others — Execution and Attachment | 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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JUDGME'NT

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S. B. ci vi 1 Mi sc. ~ppeal NO. 2303/2014 ~al it Ramawat Vs . Madhuram & ors.

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DATE OF JUDGMENT 26/9/2016

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Ramsingh Rathore, for appellant/s. Mrs. Manju Jain, for respondent-Ins .Company.

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This appeal has been filed against the impugned judgment and award passed by the Motor ~ccident claims Tribunal for enhancement of the quantum of compensation. Keeping in view the pious work of Lolc ~dalat, 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 compromi se.

¶9

The learned counsel for the respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.75,000/- (rupees Seventy Five thousands only) in favour of claimants. his amount shall be in addition to the amount awarded by the learned Tribunal and the cl airnants-appel lants are he1 d 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-i nsurance company shall deposit the aforesaid enhanced amount

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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.

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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 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

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

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(MAHESH CHANDRA SHARMA)~.

Lalit Ramawat v. Madhu Ram and Others

Case brief

What is this about?

What did the court decide?

Lalit Ramawat v. Madhu Ram and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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