The High Court allowed the motor accident claims appeal based on a compromise agreed to by parties to enhance the tribunal's award from Rs. 45,000.
Insurance company directed to deposit enhanced amount of Rs. 45,000 within eight weeks with 9% annual interest on delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.
S.B.Civil Misc. Appeal No.5264/2016
Himmat Singh Rathore, S/o Shri Bhanwar Singh Rathore, aged about 34 years, by caste Rajput, R/o Village Sanchoti, Post Sarnachoad, District Jaipur.
....Claimant Appellant
Versus
(Insurance company Bus No. RJ-14 PC 1982) ...Non Claimants / Respondents
DATE OF JUDGMENT : 18/10/2016
HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. Raj Kumar Kasana, for appellant/s. Mr. Ali Mohd. for respondents/Ins. Company.
This appeal has been filed against the impugned judgment and award passed by the Motor Accident Claims Tribunal.
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.
The learned counsel for the insurance company gave consent for enhancing the amount of the award i.e. Rs. 45,000/- (Rupees Forty Five Thousand).
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
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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 within a period of twelve weeks thereafter. In case the amount is not paid to the claimant/s within the aforesaid stipulated period, 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.
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.
The impugned award stands modified, as indicated here-in-above.
(MAHESH CHANDRA SHARMA)J.
DK
2 issues framed by the court
Whether the amount awarded by the Motor Accident Claims Tribunal could be enhanced by compromise.
Whether the insurance company was bound to deposit the enhanced amount as per the compromise.
Himmat Singh Rathore
Banna Ram Jat
Rameshwar Prasad
The New India Assurance Company Ltd.
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
