Allowed

Bane @ Banne Singh v. O.I.C. Ltd. and Ors.

Rajasthan HC2 Jan 2019CMA/606/2014

Case brief

AI extract

What is this about?

The High Court of Rajasthan, in a civil miscellaneous appeal, enhanced the compensation awarded by the Motor Accident Claims Tribunal for a motor accident victim. Following an agreement between parties based on State Legal Services Authority guidelines, the Court increased the award from Rs. 3,60,000 to Rs. 4,75,000 with interest.

What did the court decide?

Compensation enhanced to Rs. 4,75,000/-; Respondent-Insurer directed to pay the enhancement of Rs. 1,15,000/- within four weeks.

Bane @ Banne Singh Vs O.I.C. Ltd. and Ors. — Motor Accident Claims | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 606/2014

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Bane @ Banne Singh S/o Shri Udai Singh, Hotal Jai Shri Krishna, Ramasiya, Tehsil And District Pali At Presently Resident Of Mota Guda, District Rajsamand Raj.

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----Appellant

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Versus

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The Oriental Insurance Company Ltd. Through Divisional Manager, Bapu Bazar, Udaipur

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Moti Lal S/o Shri Bhanwar Lal, 48, Ramdev Road, Pali Raj. 3. Pratap Singh S/o Shri Hazari Singh, Cs 257, Labour Colony, Pali Raj.

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----Respondents

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For Appellant(s) : Mr. RC Joshi For Respondent No.1 : Mr. N.K. Joshi

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HON'BLE MR. JUSTICE P.K. LOHRA

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Judgment

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02/01/2019

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Appellant-claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘Act’) with a prayer for enhancement of compensation quantified and awarded by Motor Accident Claims Tribunal, Pali, vide its judgment and award dated 22.01.2014. Learned Tribunal, while adjudicating appellant’s claim under Section 166 of the Act, has awarded compensation to the tune of Rs.3,60,000/-with interest for the injuries suffered by him in a road accident which occurred on 13.07.2012. The accident was caused by Maruti Car bearing Registration No. RJ-19-2C-3795 which was insured with first respondent-Insurer.

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(2 of 3)

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[CMA-606/2014]

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The only contention of learned counsel for the appellant is that compensation awarded by the learned Tribunal is grossly inadequate and even not satisfying the requirements of just and fair compensation within the meaning of Section 168 of the Act.

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Learned counsel appearing for respondent-Insurance Company submits that the Insurer is prepared to settle the matter perpetually by enhancing the amount of compensation commensurating with the guidelines issued by Rajasthan State Legal Services Authority (for short, ‘Authority’).

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While agreeing with the proposal of learned counsel for the Insurer and inspired by the spirit of Lok Adalat, learned counsel appearing for the appellant has also consented for deciding the matter in the spirit of Lok Adalat to enhance the amount of compensation in terms of guidelines issued by the Authority.

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As agreed by learned counsel for the parties, the amount of compensation awarded by learned Tribunal merits enhancement by Rs.1,15,000/-.

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In view thereof, the impugned award is accordingly modified and the total amount of compensation is redetermined and quantified to the tune of Rs.4,75,000/- including the interest. The respondent-Insurance Company is directed to pay the enhanced amount of Rs.1,15,000/-,which is inclusive of interest, within a period of four weeks from today or deposit the same with the learned Tribunal. In case, the enhanced amount of compensation

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(3 of 3)

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[CMA-606/2014]

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is deposited with the learned Tribunal, the Tribunal shall disburse the same to the appellant-claimant in accordance with law.

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Before parting, it is made clear that in case the enhanced amount of compensation is not paid by the Insurer within four weeks, then, the same shall carry interest @ 9% per annum from the date of filing of this appeal.

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(P.K. LOHRA),J

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20-Bharti/-

Bane @ Banne Singh v. O.I.C. Ltd. and Ors.

Case brief

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What did the court decide?

Bane @ Banne Singh v. O.I.C. Ltd. and Ors.

Case brief

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What the court decided

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