Partly allowed

Kum Lakshmi v. Parvej and Ors.

Rajasthan HC17 Oct 2016CMA/5138/2008

Case brief

AI extract

What is this about?

This appeal challenged a recall order regarding a consent-based enhancement of insurance compensation. The High Court restored the enhancement of Rs. 41,000 but clarified that no interest would be payable on the enhanced sum.

What did the court decide?

The deposit order of Rs. 41,000 is enhanced; it shall be disbursed to claimants immediately without paying any interest on the enhanced amount.

Kum Lakshmi Vs Parvej and Ors. — Civil Procedure and Limitation | 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.5138/2008

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(Kumari Lakshmi Vs. Parvej @ Rizwan and ors.)

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DATE OF JUDGMENT : 17/10/2016 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr.Sandeep Mathur, for appellant/s . Ms.Manju Jain, for the respondent-Ins. Company.

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This appeal has been filed against the judgment and award dated 16.4.2007 passed by the concerned Judge, MACT, Tonk @ Addl. Distt. & Sessions Judge (FT) No.3, Tonk.

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In this case, this court vide order dated 25.11.2014, with the consent of both the parties, enhanced the amount of Rs.41,000/-. But lateron, an application for recalling the order dated 25.11.2014 was moved before this court and this court vide order dated 22.4.2015 recalled the order.

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Learned counsel for the appellant-claimants submits that the order passed by this court enhancing the amount of Rs.41,000/- with the consent of both the parties has wrongly been recalled, therefore, same amount should be awarded to the claimants.

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On the other hand, learned counsel appearing for the respondent-Ins. Company has opposed the submissions advanced on behalf of the claimants and submits that no amount should be enhanced and if it is enhanced, interest should not be paid.

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Looking to the facts & circumstances of the case specially the fact that this court has already ordered for enhancing the amount of Rs.41,000/- on the basis of compromise/consent of both the parties, this court deems it just and proper to enhance the amount of Rs.41,000/- and hence at this stage, it is ordered that the respondent-Ins. Company should deposit the

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enhanced amount of Rs.41,000/- with the Tribunal within a period of two weeks and upon depositing the same, it should be disbursed to the claimants immediately. However, it is made clear that no interest should be paid upon the enhanced amount.

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Accordingly, in view of above, this appeal is partly allowed and the impugned judgment & award is modified as above.

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(MAHESH CHANDRA SHARMA)J.

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Sandeep/-63

Kum Lakshmi v. Parvej and Ors.

Case brief

What is this about?

What did the court decide?

Kum Lakshmi v. Parvej and Ors.

Case brief

What is this about?

What did the court decide?

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