Partly allowed

Raghuveer Singh and Ors. v. Narendra Singh and Ors.

Rajasthan HC2 Aug 2016CMA/2904/2006

Case brief

AI extract

What is this about?

A motor accident claim appeal settled via compromise. The Court enhanced the award amount from the Tribunal and directed the insurance company to deposit the sum within eight weeks, with interest provisions for delay.

What did the court decide?

The claimants are entitled to Rs. 2,25,000/- in addition to the Tribunal's award, to be deposited by the insurer within eight weeks.

Raghuveer Singh and Ors. Vs Narendra Singh and Ors. — Motor Accident Claims | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.Civil Misc. Appeal No.2904/2006 (Raghuveer Singh & Ors. Versus Narendra Singh & Ors.)

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DATE OF JUDGMENT : 2/08/2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. JP Gupta, for appellant/s. Mr. Rishipal Agarwal, 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 i.e. Rs. 2,25,000/- (Rupees Two Lakh Twenty Five Thousand).

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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 immediately. In case the amount is not paid to the claimant/s within the stipulated period of eight weeks, 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 shall be in addition to the amount award 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 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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All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.

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Dilip Khandelwal PA

Raghuveer Singh and Ors. v. Narendra Singh and Ors.

Case brief

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Raghuveer Singh and Ors. v. Narendra Singh and Ors.

Case brief

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