Allowed

Karmi and Ors. v. Ladu Ram and Ors.

Rajasthan HC19 Dec 2022CMA/104/2015

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur allowed an appeal against an award of Rs. 12,04,968 by the Motor Accident Claims Tribunal. The Court enhanced the compensation to Rs. 1,60,000 based on a post-hearing agreement by both parties. The Insurance Company is directed to deposit the amount with interest at 7% per annum within two months.

What did the court decide?

Enhanced compensation increased by Rs. 1,60,000/-; Insurance Company to pay within two months or else pay 7% per annum interest.

Karmi and Ors. Vs Ladu Ram and Ors. — Motor Accident Claims | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Misc. Appeal No. 104/2015

¶3

Karmi W/o Laluram, aged 51 years,

¶4

Laluram S/o Himaji, aged 53 years,

¶5

Maruni Wd/o Tejaram, aged 24 years,

¶6

Bindu D/o Tejaram, aged 4 years,

¶7

Pintu S/o Tejaram, aged 2 years,

¶8

All by caste-Gameti, resident of Jogiwada, Tehsil-Kotra, District Udaipur, at present resident of Siyawa, Abu Road, Sirohi, Rajasthan.

¶9

(Appellant Nos.4 & 5 are minors through their natural guardianmother appellant No.3, Maruni Wd/o Tejaram)

¶10

----Appellants/Claimants

¶11

Versus

¶12

Laduram S/o Shri Nolaji, by caste-Gameti, aged 28 years, resident of Dedmariya, Tehsil Kotra, District-Udaipur (Rajasthan) (Driver)

¶13

Nanalal S/o Limbaram, by caste-Gameti, aged 47 years, resident of Netrawalan, Tehsil Kotra, District-Udaipur (Rajasthan) (Owner)

¶14

Reliance General Insurance Company Ltd. Throughits Divisional Manager, Maker Tower, II floor Nityanand Nagar, Prince Road, Vaishali nagar, Jaipur (Rajasthan)

¶15

(Insurance company)

¶16

----Respondents

¶17

For Appellant(s) : Mr.Ravi Panwar, Adv. For Respondent No.3 : Mr.Vishal Singhal, Adv. Insurance Co.

¶18

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

¶19

Order

¶20

19/12/2022

¶21

This civil misc. appeal has been filed under Section 173 of Motor Vehicles Act, 1988 by the appellants-claimants for

¶22

(2 of 2)

¶23

[CMA-104/2015]

¶24

enhancement of quantum of compensation, against the judgment and award dt. 29.10.2014 passed by the Judge, Motor Accident Claims Tribunal, Abu Road, District Sirohi in MAC Case No.125/2013, vide which the learned Judge awarded compensation to the tune of Rs.12,04,968/- in favour of the appellant-claimant.

¶25

Learned counsel for the appellant-claimant as well as learned counsel for the respondent No.3-Insurance Company submits that in the spirit of Lok Adalat, both the parties have agreed on enhancement of a lump-sum Rs.1,60,000/-. Therefore, it is prayed that the judgment and award impugned may be modified accordingly.

¶26

In view of the submissions made by the parties, the impugned judgment & award dt. 29.10.2014 is modified to the extent that the respondent -Insurance Company shall pay lumpsum amount of Rs.1,60,000/-, as agreed by them, within a period of two months from today. If the aforesaid lump sum amount is not paid to the claimant within the stipulated time, the respondent-Insurance Company shall also pay interest @ 7% per annum over the due amount from the date of this order.

¶27

The amount so deposited by the Insurance Company shall be deposited in the Saving Account of the claimant.

¶28

The civil misc. appeal is disposed of accordingly.

¶29

(MANOJ KUMAR GARG),J

¶30

C-15

Karmi and Ors. v. Ladu Ram and Ors.

Case brief

What is this about?

What did the court decide?

Karmi and Ors. v. Ladu Ram and Ors.

Case brief

What is this about?

What did the court decide?

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