The National Lok Adalat enhanced compensation for appellants in a motor accident claim by an agreed lump sum, directing immediate payment by the respondent insurer with interest for delay and depositing the record.
Enhanced compensation of Rs.40,000 ordered to be deposited by respondent insurer within two months with 7.5% p.a. interest for delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NATIONAL LOK ADALAT
(BENCH NO. 6)
RAJASTHAN HIGH COURT; JODHPUR
S. B. Civil Misc. Appeal No.65412009 Bhanwar La1 Vls Badri La1 & Ors.
Present-
Hon'ble Mr. Justice Vinit Kumar Mathur, Chairman Mr. Farzand Ali, Member
Appearance-
Appellants Mr. Manish Pitaliya, Advocate Respondents Mr. Jagdish Vyas, Advocate Mr. Rshikesh Kumar Legal Manager, I.C.I.C.1 Lombard General Insurance Co. Ltd.
AWARD OF NATIONAL LOK ADALAT
Date: 13.07.2019
The matter is placed before the National Lok,Adalat today. The parties have settled the matter through National Lok Adalat as under:-
The instant Civil Misc. Appeal has been filed by the appellantslclaimants for enhancement of compensation awarded to the appellantslclaimants by the learned Motor Accident Claims Tribunal, Gulabpura District Bhilwara vide award dated 01.09.2007 in Claim Case No.15012006 (Bhanwar Lal Vls Badri La1 & Ors.).
With the agreement of both the parties, represented by their respective counsel and officer incharge, the compensation awarded by the learned Tribunal to the appellants/claimants islare enhanced. by a lump-sum amount of Rs.40,000/against full and final settlement of the case. This amount is payable in addition to the amount already awarded as per the judgment of the learned tribunal. The I.C.I.C.1 Lombard General Insurance Co. Ltd. shall deposit the enhanced amount with the learned Tribunal within a period of two months from today, failing which the Insurance Company shall pay the interest @ 7.5% per annum on the enhanced compensation amount from today, till actual payment is made. The enhanced amount is ordered to be paid directly in the saving bank account of the appellantslclaimants.
In view of the above, with the consent of both the parties, the instant Civil Misc. Appeal is hereby disposed of.
The Pegistry is directed to sent back the record forthwith.
(Signature oh behalf of Appellantls)
(Signature on behalr df Rkspondentls)
(Fairzand Ali) Member National Lok Adalat Bench Jodhpur
(Vinit Kumar Math1ar)J. Chairman National Lok Adalat Bench Jodhpur
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal can be enhanced by consensus of parties before the National Lok Adalat
Matters of settlement and payment terms in motor accident claims adjudication
Bhanwar Lal & Ors.
I.C.I.C.I Lombard General Insurance Co. Ltd.
Vinit Kumar Mathur
Farzand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
