Partly allowed

Satish v. Nemi Singh and Others

Rajasthan HC23 Aug 2016CMA/4724/2016

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal award, the Court allowed a compromise based on a settlement agreement. Respondents/Insurance Company consented to enhance the award by Rs.90,000/- and directed to deposit the amount within eight weeks.

What did the court decide?

Enhancement of award by Rs.90,000/-; Insurance Company to deposit enhanced amount within eight weeks with 9% interest for delay.

Satish Vs Nemi Singh 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.4724/2016 (Satish Versus Nemi Singh & 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. Girish Khandelwal, for appellant/s. Mrs. Manju Jain, 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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Satish v. Nemi Singh and Others

Case brief

What is this about?

What did the court decide?

Satish v. Nemi Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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