Partly allowed

Kalyan a Nd Others v. Latoor Lal and Others

Rajasthan HC4 Aug 2016CMA/685/2015

Case brief

AI extract

What is this about?

This appeal against the Motor Accident Claims Tribunal award was disposed of on the basis of a compromise. The High Court allowed an enhancement from Rs. 1,70,000/- to Rs. 1,70,000/- and directed the Insurance Company to deposit the enhanced amount with the Tribunal within eight weeks, with interest at 9% per annum for delay in payment.

What did the court decide?

Partially allowed. The enhanced amount of Rs. 1,70,000/- to be deposited with the Tribunal within eight weeks. Interest at 9% per annum if not paid within stipulated time.

Kalyan a Nd Others Vs Latoor Lal 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.685/2015 (Kalyan & Ors. Versus Latoor Lal & Ors.)

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DATE OF JUDGMENT : 4/08/2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Ram Singh Rathore, for appellant/s. Mrs. Chitra Goyal, 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. 1,70,000/- (Rupees One Lakh Seventy 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 award 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 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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All corrections made in the judgment / order have been incorporated in the judgment / order being uploaded. Dilip Khandelwal PA

Kalyan a Nd Others v. Latoor Lal and Others

Case brief

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Kalyan a Nd Others v. Latoor Lal and Others

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