Partly allowed

Ravi v. Balram and Ors.

Rajasthan HC21 Oct 2016CMA/5154/2016

Case brief

AI extract

What is this about?

The High Court disposed of a civil motor accident appeal via a compromise. The respondent insurance company agreed to enhance the Tribunal's award by Rs.45,000, payable within eight weeks with 9% interest for delay, subject to recovery clauses upon policy breach.

What did the court decide?

Enhancement of award by Rs.45,000 to be deposited by the respondent within eight weeks, with 9% interest for delay; subject to recovery on policy breach.

Ravi Vs Balram and Ors. — Motor Accident Claims | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. J U D G M E N T

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S.B.Civil Misc. Appeal No.5154/2016

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Ravi S/o Bhamburam, aged about 24 years, by caste Harizan R/o Berer, Tehsil Raini, District Alwar

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...Appellant/Claimant

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Versus

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Balram S/o Harsahai Jatav R/o Sorai, Tehsil Laxmangarh, District Alwar (Driver)

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Sumer Singh S/o Bholiram @ Bheliram

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Bholiram @ Bheliram

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by caste Jatav R/o Choroti Pahad, Tehsil Ramgarh, District Alwar (Owner)

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National Insurance-company Ltd. Alwar (Insurer)

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...Respondents/Defendants

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DATE OF JUDGMENT ::: 21/10/2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. R.K. Sharma, for appellant/s . Mr. Bhuvnesh Sharma, for Insurance-company.

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This appeal has been filed against the impugned judgment and award passed by the Motor Accident Claims Tribunal for enhancement of the quantum of compensation.

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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 respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.45,000/- in favour of claimants. This amount shall be in addition to the amount awarded by

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the learned Tribunal and the claimants-appellants are held entitled to get the aforesaid amount.

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In view of above, this appeal is partly allowed and it is directed that the respondent-insurance company shall 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 order 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 passing of this judgment. 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 respondent/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 he 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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Manjula

Ravi v. Balram and Ors.

Case brief

What is this about?

What did the court decide?

Ravi v. Balram and Ors.

Case brief

What is this about?

What did the court decide?

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