Partly allowed

Rajesh Kumar Meena v. Babulal and Ors.

Rajasthan HC2 Mar 2017CMA/951/2017

Case brief

AI extract

What is this about?

An insurance appeal was disposed of via a Lok Adalat compromise, wherein the court directed an enhancement of Rs. 50,000 to be deposited by the insurance company with the Motor Accident Claims Tribunal within six weeks; failure to pay attracts 9% per annum interest.

What did the court decide?

Respondent insurance company to deposit enhanced amount of Rs. 50,000 with Tribunal within six weeks, failing which interest @ 9% p.a. applies.

Rajesh Kumar Meena Vs Babulal and Ors. — 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. 951 / 2017

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Rajesh Kumar Meena S/o Shri Harinarayan Meena, by CasteMeena, Aged About 29 Years, R/o Village- Gokulpura, PostMansar Khedi, Tehsil- Bassi, District- Jaipur.

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----Appellant

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Versus

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Babulal S/o Sh. Bhuramal, by Caste- Meena, R/o VillageDholawas Ragdha Ki Dhani, Post- Rahuwas, Tehsil- Lalsot, DistrictDausa. (Driver of Bolero No. RJ-29-UA-1908)

¶7

Rajendra Kumar S/o Sh. Bhuramal, by Caste Meena, R/o Village- Dholawas Ragdha Ki Dhani, Post- Rahuwas, Tehsil- Lalsot, District- Dausa. (Owner of Bolero No. RJ-29-UA-1908)

¶8

United India Insurance Company Limited, Jangid Bhawan, M.I. Road, Jaipur Through Senior Divisional Manager, Issuing OfficeDO III Jeevan Nidhi II Floor, Ambedkar Cirlce, B.M. Road, Police Station- Jyoti Nagar, Jaipur. (Insurance Company of Bolero No. RJ29-UA-1908)

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----Respondents

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For Appellant(s) : Mr. Kamal Gupta.

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For Respondent(s) : Mr. Bhuvnesh Sharma.

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Judgment

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02/03/2017

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This appeal has been filed against the impugned judgment

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(2 of 3)

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[CMA-951/2017]

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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.50,000/- (rupees fifty thousand only) 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 six 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 six 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

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(3 of 3)

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[CMA-951/2017]

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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-inabove.

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(MAHESH CHANDRA SHARMA)J.

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Manisha/-149

Rajesh Kumar Meena v. Babulal and Ors.

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Meena v. Babulal and Ors.

Case brief

What is this about?

What did the court decide?

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