Partly allowed

Ram Narayan Meena v. Satyanarayan and Ors.

Rajasthan HC13 Feb 2017CMA/6106/2016

Case brief

AI extract

What is this about?

In a CMA against a Motor Accident Claims Tribunal award, the court settled the matter via compromise. The claimant was entitled to an enhanced amount of Rs. 40,000/-, subject to a breach safeguard allowing the insurer to recall the order.

What did the court decide?

Claimant entitled to enhanced amount of Rs. 40,000/- from Insurance Co. with interest @ 9% p.a. for delay in payment.

Ram Narayan Meena Vs Satyanarayan and Ors. — Insurance | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B.Civil Miscellaneous Appeal No. 6106 / 2016

Ram Narayan Meena

----Appellant

Versus

Satyanarayan And Ors

----Respondent

For Appellant(s) : Mr. Akshay Sharma for Mr. Vikas Kabra For Respondent(s) : Mrs. Chitra Goyal

¶9

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Judgment

¶10

13/02/2017

¶11

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

¶12

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.

¶13

The learned counsel for the insurance company gave consent for enhancing the amount of the award i.e. Rs. 40,000/- (Rupees Forty Thousand).

¶14

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 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

¶15

(2 of 2)

¶16

[CMA-6106/2016]

¶17

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.

¶18

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.

¶19

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

¶20

(MAHESH CHANDRA SHARMA)J.

¶21

Ram Narayan Meena v. Satyanarayan and Ors.

Case brief

What is this about?

What did the court decide?

Ram Narayan Meena v. Satyanarayan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Bhuvnesh Sharma Vs State of Raj and Ors.

Kailash Vangani Vs State Urban Development Ors.

Anurag Goyal Vs State of Rajasthan and Anr.

Mohammad Arif Vs State of Rajasthan through Pp

Ramvaran Vs State of Rajasthan through Pp

Anil Kumar Gupta Vs State Edu