Partly allowed

Anil Kumar v. Jabbar Singh and Ors.

Rajasthan HC8 Aug 2016CMA/4095/2007

Case brief

AI extract

What is this about?

The High Court, reviewing a motor accident claim appeal, partly allowed it based on a compromise between parties. The court directed the Insurance Company to enhance the award to Rs. 50,000 and deposit it with the Tribunal within eight weeks. Interest at 9% per annum was awarded for delayed payment. The order retained rights for the insurer to recover amounts in case of policy breach.

What did the court decide?

Direction to the Insurance Company to deposit Rs. 50,000 with the Motor Accident Claims Tribunal within eight weeks, with interest at 9% per annum if delayed.

Anil Kumar Vs Jabbar Singh and Ors. — Insurance | 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.4095/2007 (Anil Kumar Versus Jabbar Singh & Ors.)

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DATE OF JUDGMENT : 8/08/2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Ritesh Jain, for appellant/s. Mr. RP Vijay, 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. 50,000/- (Rupees Fifty 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 uploaded.

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Dilip Khandelwal PA

Anil Kumar v. Jabbar Singh and Ors.

Case brief

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Anil Kumar v. Jabbar Singh and Ors.

Case brief

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