Partly allowed

Amba Lal v. Ballan and Others

Rajasthan HC23 Aug 2016CMA/3990/2016

Case brief

AI extract

What is this about?

In S.B.Civil Misc. Appeal No.3990/2016, the High Court of Rajasthan allowed the appeal partly. The Court directed the Insurance Company to deposit an enhanced amount of Rs. 90,000/- with the Tribunal within eight weeks. Failure to pay attracts interest at 9% per annum. The impugned award is modified to include this amount.

What did the court decide?

Appellant held entitled to Rs. 90,000/-; Insurance Company directed to deposit enhanced amount with Tribunal within 8 weeks; 9% interest on delay.

Amba Lal Vs Ballan and Others — 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.3990/2016 (Amba Lal Versus Ballan & Ors.)

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DATE OF JUDGMENT : 23/08/2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Jitendra Bajaj, for appellant/s. Mr. Rinesh Gupta, 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. 90,000/- (Rupees Ninety 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 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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Amba Lal v. Ballan and Others

Case brief

What is this about?

What did the court decide?

Amba Lal v. Ballan 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

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