Allowed

Jamna Lal and Ors. v. Ramswarooop and Ors.

Rajasthan HC27 Sept 2023CMA/1869/2015

Case brief

AI extract

What is this about?

The High Court disposed of two connected civil miscellaneous appeals arising from a motor accident compensation case. Upon mutual settlement between the claimants and the Insurance Company, the Court directed therespondents to pay an enhanced compensation of Rs. 8 lakhs with interest, to be deposited with the Tribunal for immediate disbursement.

What did the court decide?

Insurance Company ordered to pay Rs. 8,00,000 with 6% interest, deposit amount with Tribunal; claims satisfied.

Jamna Lal and Ors. Vs Ramswarooop and Ors. — Motor Accident Claims | Rajasthan HC (2023)

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[2023:RJ-JD:32027]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1869/2015

Jamna Lal And Ors.

----Appellant

Versus

Ramswarooop And Ors.

----Respondent

With

S.B. Civil Misc. Appeal No.1680/2015

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ICICI Lombard General Insurance Co.

…...Appellant

Versus

Jamnalal & Ors.

respondents

For Appellant(s) : Mr. Manish Pitaliya, claimants For Respondent(s) : Mr. Devendra Singh Chouhan for Mr. Vinay Kothari-Insurance Company

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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27/09/2023

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Since the present appeals arise out of the common judgment and order dated 03.06.2015, therefore, the same are being disposed of by a common order.

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2 The Civil Misc. Appeals have been filed against the judgment and award dated 03.06.2015 passed by learned Motor Accident Claims Tribunal, Shahpura, District Bhilwara whereby the learned Tribunal has awarded a compensation of Rs.6,05,000/-in favour of

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the appellant-claimants.

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(2 of 2)

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[2023:RJ-JD:32027]

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During the pendency of the appeal, both the parties i.e. appellant-claimants and respondent-Insurance Company have mutually settled the amount of compensation and have also produced before the Court a memorandum of understanding, which is taken on record and prayed to dispose of the appeal in the spirit of Lok Adalat.

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In the spirit of Lok Adalat, the Insurance Company is agreeable to pay further amount of compensation of Rs.8,00,000/over and above the already paid amount of Rs.4,50,000/- to the claimants. The enhanced amount of compensation be paid within a period of two months 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. 8,00,000/- by the Insurance Company, learned Tribunal shall disburse the same to the appellantclaimants immediately and the entire claim of the claimant shall be deemed to be satisfied.

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In view of above, both the appeals are disposed of.

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

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Office is directed to place a copy of this order in SBCMA No.1680/2015.

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(MADAN GOPAL VYAS),J

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-Bharti/-

Jamna Lal and Ors. v. Ramswarooop and Ors.

Case brief

What is this about?

What did the court decide?

Jamna Lal and Ors. v. Ramswarooop and Ors.

Case brief

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What did the court decide?

What the court decided

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