Disposed

Mangej v. Champa Lal

Rajasthan HC30 Mar 2022CMA/2410/2018

Case brief

AI extract

What is this about?

This order disposed of a civil miscellaneous appeal regarding a motor accident claim where parties mutually settled the compensation amount during the appeal's pendency, enhancing the original award with a lump sum and interest provision.

What did the court decide?

Insurance company directed to pay enhanced compensation of Rs. 1,00,000/- within two months with 6% interest if delayed; claim deemed satisfied upon payment.

Mangej Vs Champa Lal — Motor Accident Claims | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Misc. Appeal No. 2410/2018

¶3

Mangej W/o Late Raju Ram, Aged About 36 Years, B/c Meghwal, R/o Village Datina, Tehsil Khinwsar And District Nagaur.

¶4

Vishna Ram S/o Late Raju Ram, Aged About 10 Years, B/c Meghwal, R/o Village Datina, Tehsil Khinwsar And District Nagaur.

¶5

Manju D/o Late Raju Ram, Aged About 8 Years, B/c Meghwal, R/o Village Datina, Tehsil Khinwsar And District Nagaur.

¶6

Puja D/o Late Raju Ram, Aged About 6 Years, B/c Meghwal, R/o Village Datina, Tehsil Khinwsar And District Nagaur.

¶7

Dhapu D/o Late Raju Ram, Aged About 4 Years, B/c Meghwal, R/o Village Datina, Tehsil Khinwsar And District Nagaur.

¶8

Dharma Ram S/o Late Raju Ram, Aged About 2 Years, B/c Meghwal, R/o Village Datina, Tehsil Khinwsar And District Nagaur. Appelicant No. 2 To 6 Through His Natural Mother Applicant No. 1

¶9

Kurji W/o Late Jai Ramaram, Aged About 60 Years, B/c Meghwal, R/o Village Datina, Tehsil Khinwsar And District Nagaur.

¶10

----Appellants

¶11

Versus

¶12

Champa Lal S/o Babu Lal, Aged About 22 Years, B/c Gurada (Guru) R/o Pabusar, Police Station Panchodi, Tehsil Khinwsar, District Nagaur (Owner And Driver Bolero Camper No. R J 21/ga 6799)

¶13

Branch Manager, Chola Mandlam Investment M S General Ins. Company Limited, Branch Office L K Complex, First Floor, Sainik Basti Sugan Circle, Nagaur. Second AddressHead Office, Chola Mandlam Investment M S General Insurance Company Limited, Second Floor, Dayer House, 2 Netaji Subash Chandra Bose Road, Chennai-600001 (Insurance Company Of Bolero No. R J 21/ga 6799)

----Respondents

(2 of 2)

[CMA-2410/2018]

For Appellant(s) : Mr. Yuvraj Sonel For Respondent(s) : Mr. Aditya Singhi

¶18

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶19

Order

¶20

30/03/2022

¶21

Instant Misc. Appeal has been filed by the appellantsclaimants against the judgment and award dated 09.01.2018 passed by learned Motor Accident Claims Tribunal, Nagaur whereby the learned Tribunal has awarded a compensation of Rs.11,02,600/- in favour of the appellants-claimants.

¶22

During the pendency of the appeal, both the parties i.e. appellants-claimants and respondent-Insurance Company have mutually settled the amount of compensation and pray to dispose of the appeal in the spirit of Lok Adalat.

¶23

In the spirit of Lok Adalat and with the consent of counsel for the parties, the amount of compensation is further enhanced by Rs.1,00,000/- lump-sum in addition to the compensation already awarded to the claimant. The enhanced amount of compensation be paid within a period of two month from today and if the enhanced amount is not paid within the stipulated time, then the insurance company shall also pay interest @ 6% per annum over the enhanced amount from the date of this order. The enhanced amount shall be deposited in the Learned Tribunal. Upon depositing the aforesaid enhanced amount of Rs.1,00,000/- by the Insurance Company, the same shall be disbursed to the appellants-claimants immediately and the entire claim of the claimants shall be deemed to be satisfied.

¶24

In view of above, the appeal is disposed of.

¶25

Record of the Tribunal, if received, be sent back.

¶26

(MADAN GOPAL VYAS),J

¶27

69-neha/-

Mangej v. Champa Lal

Case brief

What is this about?

What did the court decide?

Mangej v. Champa Lal

Case brief

What is this about?

What did the court decide?

What the court decided

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