Partly allowed

Satya Narain Sharma v. Dinesh Kumar Sharma and Ors.

Rajasthan HC13 Feb 2017CMA/1490/2005

Case brief

AI extract

What is this about?

The High Court partly allowed an appeal against a Motor Accident Claims Tribunal award. A compromise was reached between the appellant and the insurance company to enhance the compensation amount.

What did the court decide?

Enhanced award of Rs. 45,000/-; Insurance Co. to deposit amount within eight weeks; claimant to receive it within twelve weeks; interest at 9% p.a. in case of delay.

Satya Narain Sharma Vs Dinesh Kumar Sharma and Ors. — Motor Accident Claims | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Civil Miscellaneous Appeal No. 1490 / 2005

Satya Narain Sharma

----Appellant

Versus

Dinesh Kumar Sharma & Ors

¶7

----Respondent

¶8

For Appellant(s) : Mr. M.K. Kaushik

¶9

For Respondent(s) : Mr. Praveen Jain

¶10

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Judgment / Order

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13/02/2017

¶12

Heard.

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Amended cause title is ordered to be taken on

¶14

record.

¶15

With the consent of learned counsel for the parties, the arguments have been heard and appeal is being finally decided at this stage.

¶16

This appeal has been filed against the impugned judgment and award passed by the Motor Accident Claims Tribunal.

¶17

Keeping in view the pious work of Lok Adalat, at this stage, 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.

¶18

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).

¶19

In view of above, this appeal is partly allowed; the claimant(s)-appellant(s) is/are held entitled to get

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(2 of 2)

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[CMA-1490/2005]

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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 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.

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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 judgment/order.

¶24

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

¶25

(MAHESH CHANDRA SHARMA)J.

¶26

Satya Narain Sharma v. Dinesh Kumar Sharma and Ors.

Case brief

What is this about?

What did the court decide?

Satya Narain Sharma v. Dinesh Kumar Sharma and Ors.

Case brief

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