Disposed

Mangi Bai v. Shriram General Insurance Company Limited

Rajasthan HC15 Dec 2023CMA/155/2022

Case brief

AI extract

What is this about?

In an SMA appeal against a Motor Accident Claim Tribunal award, the High Court enhanced the compensation amount upon a Lok Adalat compromise between the claimant and insurance company. The Tribunal award was modified to remove 'pay and recover' direction for the enhanced amount.

What did the court decide?

Compensation amount enhanced by Rs.1,40,000/-; Tribunal award modified to remove 'pay and recover' liability for the enhanced amount.

Mangi Bai Vs Shriram General Insurance Company Limited — Insurance | Rajasthan HC (2023)

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[2023:RJ-JD:44097]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 155/2022

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Mangi Bai W/o Udai Lal Keer, Aged About 39 Years, Tarakhedi, Tehsil Kapasan, District Chittorgarh

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----Appellant

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Versus

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Shriram General Insurance Company Limited, Branch Manager, E-8, E.p.i.p., Riico Industrial Area, Sitapura, Jaipur, District Jaipur 302022 2. Madhav Lal S/o Lelapat Menariya, Napaniya, Tehsil Bhadesar, District Chittorgarh

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----Respondents

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For Appellant(s) : Mr. Manish Pitaliya For Respondent(s) : Mr. Vishal Singhal

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HON'BLE MS. JUSTICE REKHA BORANA Order

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15/12/2023

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A submission has been made by the learned counsel for the parties that a compromise has been entered into between the parties in the spirit of lok adalat and as the National Lok Adalat scheduled to be held on 09.12.2023 has not been held, a permission for listing the case has been made.

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In view of the above request, the appeal has been permitted to be listed today.

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The present civil misc. appeal has been preferred by the appellant seeking enhancement of the compensation amount as awarded by judgment dated 05.10.2021 passed in MAC Case No.466/2012 by learned Motor Accident Claims Tribunal, Chittorgarh whereby the claimant has been held entitled to a compensation of Rs.1,65,100/- with interest @9% per annum. Vide the said award, the insurance company has been exonerated but has been directed to “Pay and Recover”.

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Learned counsel for the claimant and insurance company, in the spirit of lok adalat, have placed on record a memorandum of understanding/compromise entered into between them which is taken on record.

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Learned counsel appearing for the insurance company, on instructions, submits that although the insurance company has been exonerated from the liability and has been granted liberty to pay and recover, the insurance company is ready to pay the enhanced amount of the award to the claimant without any direction/liberty to pay and recover.

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In view of the submission made and in the spirit of lok adalat, the compensation amount as awarded by the impugned award dated 05.10.2021 is further enhanced by Rs.1,40,000/- in favour of the claimant-appellant as full and final settlement of the case. The amount so agreed shall be deposited by respondent No.1-Insurance Company with the Tribunal within a period of two months from today failing which, the same shall carry interest @7.5% per annum from the date of this order till actual realization. The enhanced amount of compensation be disbursed/ deposited in terms of the award in the saving bank account of the claimant-appellant. The impugned judgment/award dated 05.10.2021 passed by MACT, Chittorgarh in MAC Case No.466/2012 is modified accordingly.

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However, it is made clear that as the compromise has been entered into between the claimant and the insurance company only and the driver and owner of the vehicle are not a party to the said compromise, the insurance company would only be liable to pay the enhanced amount to the claimant as directed above. The

[2023:RJ-JD:44097]

[CMA-155/2022]

(3 of 3)

direction to “Pay and Recover” shall not apply to this enhanced amount.

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The appeal is disposed of with the above observations.

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Office is directed to send back the record forthwith.

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(REKHA BORANA),J

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86-T.Singh/-

Mangi Bai v. Shriram General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Mangi Bai v. Shriram General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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