Dismissed

United India Insurance Co. Ltd. v. Manbhari and Ors.

Rajasthan HC10 Apr 2023CMA/1349/2014

Case brief

AI extract

What is this about?

High Court disposed of an appeal against the Motor Accident Claims Tribunal award by accepting a settlement proposal. The insurance appellant was directed to pay an additional Rs. 4,00,000 as a full and final settlement to the respondents.

What did the court decide?

The appellant to pay an additional Rs. 4,00,000 as lump-sum with 6% interest for delay; impugned award modified.

United India Insurance Co. Ltd. Vs Manbhari and Ors. — Insurance | Rajasthan HC (2023)

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[2023/RJJD/009229]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1349/2014

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United India Insurance Co. Ltd. New Power House Road, Jodhpur through its Senior Divisional Manager, United India Insurance Co. Ltd., Residency Road, Jodhpur.

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----Appellant

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Versus

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Manbhari W/o Yakub Khan, aged 43 years,

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Yakub S/o Alim Khan, aged 44 years,

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Both b/c Kayamkhani, r/o Aaslu, Tehsil and District Churu. 3. Man Singh S/o Bhanwar Singh, b/c Rajput, r/o 259, Inder Singh Ki Dhaniya, Khirja Asha Tehsil Shergarh District Jodhpur. (Owner of Bolero Jeep No. RJ 19 TA 3563 4. Deva Ram S/o Amra Ram, b/c Devasi, r/o Khiraj Khas, Tehsil Shergarh, District Jodhpur.

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(Driver of Bolero Jeep No. RJ 19 TA 3563)

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----Respondents

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For Appellant(s)	: Mr. Anil Kaushik
For Respondent(s)	: Mr. Om Rajpurohit

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order

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10/04/2023

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The Motor Accident Claims Tribunal, Churu vide judgment and award dated 21.05.2014 passed in Claim Case No. 152/2012 awarded compensation of Rs.4,78,000/- with interest @ 6% per annum in favour of the respondents-claimants, which is under challenge in this appeal preferred by appellant-insurance company.

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Learned counsel appearing for the appellant-Insurance Company has agreed to enhance the compensation to the tune of Rs.4,00,000/-.

[2023/RJJD/009229]

[CMA-1349/2014]

(2 of 2)

Learned counsel for the respondents-claimants agreed to the aforesaid proposal made by learned counsel appearing for the appellant- Insurance Company.

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In view of settlement arrived at between the appellantInsurance Company and the respondents- claimants to enhance an additional amount of Rs.4,00,000/- as lump-sum in addition to compensation already granted by the Tribunal as a full and final settlement of the claim case, with the consent of learned counsel for the parties, this appeal is disposed of in following terms:

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The appellant-Insurance Company shall pay to the respondents-claimants the additional amount of Rs.4,00,000/- as lump-sum amount, in addition to the compensation already awarded vide impugned judgment and award dated 21.05.2014 passed in Claim Case No.152/2012 as a full and final settlement of the claim case. The enhanced amount shall be deposited by the appellant- Insurance Company with the Tribunal within a period of six weeks from today, failing which on the enhanced amount, interest @ 6% from the date of enhancement till payment shall be payable. On deposit of the amount as aforesaid, the same shall be disbursed to the respondents-claimants in accordance with law.

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The award impugned dated 21.05.2014 passed by Motor Accident Claims Tribunal, Churu in Claim Case No. 152/2012 is modified accordingly. Office is directed to send the record, if received, back to the learned Tribunal forthwith.

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(YOGENDRA KUMAR PUROHIT),J

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182-RP/-

United India Insurance Co. Ltd. v. Manbhari and Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Manbhari and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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