Partly allowed

Ramavtar Sharma and Anr. v. Satyanarayan Sharma and Anr.

Rajasthan HC8 May 2017CMA/1588/2017

Case brief

AI extract

What is this about?

This S.B. Civil Miscellaneous Appeal demonstrates a compromise wherein parties agreed to enhance the Motor Accident Claims Tribunal award. The High Court partly allowed the appeal, directing the insurer to deposit Rs. 1,55,000 within eight weeks, with interest at 9% if disbursed within twelve weeks. Terms remain unchanged subject to policy breach conditions.

What did the court decide?

Enhanced amount of Rs. 1,55,000 to be deposited with Tribunal by respondent within eight weeks; disbursement to claimants within twelve weeks; interest at 9% per annum if not paid in time.

Ramavtar Sharma and Anr. Vs Satyanarayan Sharma and… — Motor Accident Claims | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1588 / 2017

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Ramavtar Sharma And Anr

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----Appellant

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Versus

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Satyanarayan Sharma And Anr

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----Respondent

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For Appellant(s) : Mr. D.D. Khandelwal

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For Respondent(s) : Mr. O.P. Gupta

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Judgment

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08/05/2017

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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.

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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

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respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.1,55,000/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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(2 of 2)

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[CMA-1588/2017]

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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 twelve weeks. In case the amount is not paid to the claimant/s within the stipulated period of twelve 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 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.

Ramavtar Sharma and Anr. v. Satyanarayan Sharma and Anr.

Case brief

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Ramavtar Sharma and Anr. v. Satyanarayan Sharma and Anr.

Case brief

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What the court decided

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