Partly allowed

Munshi Lal and Others v. Mukesh Kumar and Others

Rajasthan HC19 Sept 2016CMA/816/2011

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal award, the High Court partly allowed the appeal under a Lok Adalat compromise. The Court ordered the insurance company to deposit an enhanced compensation amount of Rs. 1,35,000/- to be disbursed within eight weeks, with 9% interest on delayed payment, subject to safe-guarding interests related to policy violations.

What did the court decide?

Respondent to deposit Rs. 1,35,000/- with Tribunal within eight weeks; interest at 9% per annum on delayed payment; order may be recalled if policy breached.

Munshi Lal and Others Vs Mukesh Kumar and Others — Motor Accident Claims | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

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J U D G M E N T

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S.B.Civil Misc. Appeal No.816/2011

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1.Munshilal S/o Shri Bhikkan Ram, aged about 50 years,

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2.Kamla W/o Shri Munshilal, aged about 45 years,

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3.Smt. Saroj W/o Late Shri Raju, aged about 26 years,

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4.Shivani D/o Late Shri Raju aged about 6 years,

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5.Shikha D/o Late Shri Raju aged about 5 years,

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6.Sunni S/o Late Shri Raju aged about 3 years (Appellant No. 4 to 6 years are minors and being represented by their natural guardian, Appellant No.3 i.e. Their mother)

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All By caste Jangid, Residents of Village Alavda Distict Alwar (Rajasthan)

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...Claimants-Appellants

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1.Mukesh Kumar Saini S/o Shri Babulal Saini Resident of Kishangarah ganj District Alwar (Owner and Driver of vehicle Indika No. RJ02/-c-5867)

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2.Praveen Yadav S/o Shri Dalip Singh Resident of Bania ka bag, Jaipur Road Chungi, Alwar (Registered owner of Vehicle Indika NO. RJ02/-c-5867)

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3.Shafi Mohmad S/o Shri Mukla Khan Resident of Sukkha Ka bas, Mahua Khurd, P.S. Malakhera Tehsil and District Alwar (Owner of the Vehicle)

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4.Reliance General Insurance Company Ltd. Registered Office Reliance Center 19, Bal Chand Heera Chand Marg Balard State Mumbai 400001

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...Respondents.

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DATE OF JUDGMENT ::: 19/09/2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Amardeep Atwal, for appellant/s. Mr. V.Agarwal, for Insurance-company.

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This appeal has been filed against the

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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.1,35,000/- in favour of claimants. This amount shall be in addition to the amount awarded by 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

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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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Munshi Lal and Others v. Mukesh Kumar and Others

Case brief

What is this about?

What did the court decide?

Munshi Lal and Others v. Mukesh Kumar and Others

Case brief

What is this about?

What did the court decide?

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