Partly allowed

Smt Natthi Devi and Ors. v. Mohd. Naseem and Ors.

Rajasthan HC12 Nov 2022CMA/535/2016

Case brief

AI extract

What is this about?

The National Lok Adalat enhanced a previously awarded compensation sum for a motor accident claim based on a mutual settlement reached between the appellant claimants and the respondent insurance company, directing enhanced payment with interest.

What did the court decide?

Enhancement of the award by Rs. 3,55,000/- with interest @ 7.5% per annum to be deposited by the respondent insurance company.

Smt Natthi Devi and Ors. Vs Mohd. Naseem and Ors. — Execution and Attachment | Rajasthan HC (2022)

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NATIONAL L0.K ADALAT (BENCH NO. 2) RAJASTHAN HIGH COURT, JODHPUR SBCMA No. 5351201 6..

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Smt. Nathi Devi & Ors. Vls. Mohammed Naseem & Ors.

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Present-

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Hon'ble Mr. Justice Farjand Ali, Chairman Shri Multesh Maheshwari, Member

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Appearance-

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Appellant(s) Mr. H.R. Chawla.

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Respondent(s) Mr. T.R.S. Sodha.

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AWARD OF LOK ADALAT

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Date: 12.1 1.2022.

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The matter is placed before the Lolc Adalat today.

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The MACT, Bilcaner by its judgment and award dated 03.12.2015 in MAC Case No. 27812010 "Sint. Nathi Devi & Ors. Vs. Mohanlined Naseein & C'trs." awarded a sum of Rs. 7,49,348/- alongwith interest @ 7.5% per annuin.

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With the active efforts of Counsel representing the parties and thc authol*ities of the Insurance Company, the controversy involvecl in this appeal has been settled by mutual compronise in the spirit of Lolc Adalat. We appreciate the efforts of all concei-ned in settling the matter in pre-counselling. The memo of understanding shall colstitute a part of the award.

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With the consent of the parties, the impugned award dated 03.12.201 5 is f~~rther enhanced by Rs.. 3,55,000/- in addition to the award passed by ?he Tribunal in favour of the claimant(s)lappellant(s) as rz fill and final settlement of the case. The amount so agreed shall be deposited by..tl~e respondent 1nsural:ce Company with the Tribunal within a period of two montlls from today failing whit!?. !he same

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shall cany interest @ 7.5% per annum from the date of this order till actual realizatiqn. The enhanced amount of compensation be disbursed in terms of the award in the saving bank account of the claimant(s). The award impugned dated 03.12.201 5 passed by MACT, Biltaner in Claim Case No. 27812010 "Smt. Nathi Devi & Ors. Vs. Mohammed Naseem & Ors." is modified accordingly.

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The accident took place on 24.05.2010 in which, one Anopa Ram succumbed to the injuries. The claim case came to be decided -by the Tribunal on 03.12.2015. Thus, in view of the longevity of the proceedings and the number of dependents, it is kleeined appropriate to direct that the amount to be deposited by the respondentInsurer shall be deposited in the Saving Bank Account of the claimants and the disbursement shall be made in accordance with and in proportion of as awarded by the learned Tribunal.

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In view of the above, the appeal is disposed of.

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The Registry is directed to send back the record forthwith.

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Signature on behalf of Appellant(s) Signatwe on behalf of Respondent(s)

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Member Chairman National Lok Adalat National L,ok Adalat Jodhpur Jodhpur

Smt Natthi Devi and Ors. v. Mohd. Naseem and Ors.

Case brief

What is this about?

What did the court decide?

Smt Natthi Devi and Ors. v. Mohd. Naseem and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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