Partly allowed

Janki Devi v. Mohaan Lal

Rajasthan HC6 Dec 2016CMA/647/2014

Case brief

AI extract

What is this about?

In a civil miscellaneous appeal against a Motor Accident Claims Tribunal award, the High Court dismissed the appeal by settling the parties through a pious compromise. The respondent insurance undertook to deposit an additional Rs. 2,40,000/- towards compensation.

What did the court decide?

Ordered respondent insurance to deposit Rs. 2,40,000/- enhanced compensation with Tribunal directing further disbursement to appellants.

Janki Devi Vs Mohaan Lal — Motor Accident Claims | Rajasthan HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B.CIVIL MISCELLANEOUS APPEAL NO. 647/ 2014

¶4

Janki Devi W/o Late Chhitar Mal, 42 year.

¶5

Raj Kumar S/o Late Chhitar Mal, Age 22 year.

¶6

Anita, D/o Late Chhitar Mal Age 20 year.

¶7

Abhishek, S/o Late Chhitar Mal Age 18 year.

¶8

Ramniwas S/o Manji Lal, Age 73 year.

¶9

Gyarsi Devi W/o Ramniwas, Age 68 year.

¶10

All appellants are B/C Darji R/o Dewarawas Tehsil Devli

¶11

Distt. Tonk.

¶12

CLAIMANT/ APPELLANT

¶13

VERSUS

¶14

Mohan Lal Sharma S/o Hanuman Sahay Brahman R/O Plot no. 61 Gopal Puri Meena Wala Sirsi Road Jaipur. (Driver & Owner)

¶15

National Insurance Co Ltd Through its regional Manager at regional office, L.I.C. building, Ambedkar Circle Janpath, Jaipur.

¶16

NON-CLAIMANTS/RESPONDENTS

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__________________________________________ For Petitioners : Mr. Sunil Jain For Respondents : Mr. Avadesh Purohit

¶18

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

¶19

Judgment

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06/12/2016

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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.

¶22

(2 of 3 )

¶23

[CMA-2126/2013]

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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 be disposed of on the basis of the compromise.

¶25

The learned counsel for the respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.2,40,000/- (rupees two lacs forty thousand only) in favour of claimant/s. This amount shall be in addition to the amount awarded by the learned Tribunal and the claimant/s-appellant/s is/are held entitled to get the aforesaid amount.

¶26

In view of above, this appeal is partly allowed and it is directed that the respondentinsurance 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 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 aforesaid enhanced amount from the date of date of receipt certified copy of this Judgment. Rest of the terms under the award shall remain unchanged.

¶27

(3 of 3 )

¶28

[CMA-2126/2013]

¶29

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.

¶30

The impugned award stands modified, as indicated here-in-above.

¶31

(MAHESH CHANDRA SHARMA)J.

Janki Devi v. Mohaan Lal

Case brief

What is this about?

What did the court decide?

Janki Devi v. Mohaan Lal

Case brief

What is this about?

What did the court decide?

What the court decided

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