Dismissed

Branch Manager v. Bhanwari

Rajasthan HC3 Nov 2023CMA/1891/2020

Case brief

AI extract

What is this about?

The High Court disposed of a civil miscellaneous appeal filed by an insurance company against a Motor Accident Claims Tribunal award. The matter was settled during the pendency of the appeal via a Memorandum of Understanding for an enhanced compensation amount.

What did the court decide?

The appellant Insurance Company must pay an enhanced compensation of Rs. 11,00,000/- plus interest within two months; upon deposit, the claim is deemed satisfied.

Branch Manager Vs Bhanwari — Execution and Attachment | Rajasthan HC (2023)

¶1

[2023:RJ-JD:37702]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Misc. Appeal No. 1891/2020

¶4

Branch Manager, Icici Lombard General Insurance Co. Ltd.,first Floor,(Rear Portion), Plot No. 115/3, Solitaire Building, Sps Road, P.w.d. Colony, Jodhpur (Raj.) 342011

¶5

----Appellant

¶6

Versus

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Bhanwari W/o Late Shri Dudaram, Aged About 45 Years, B/c Meghwal,r/o Salwa Khurd,pipad Road, Tehsil Pipad City, District Jodhpur.

¶8

Narsingh Ram S/o Late Shri Dudaram, Aged About 26 Years, B/c Meghwal,r/o Salwa Khurd,pipad Road, Tehsil Pipad City, District Jodhpur.

¶9

Kavita D/o Late Shri Dudaram, Aged About 22 Years, B/c Meghwal,r/o Salwa Khurd,pipad Road, Tehsil Pipad City, District Jodhpur.

¶10

Manju Aka Annu D/o Late Shri Dudaram, Aged About 20 Years, B/c Meghwal,r/o Salwa Khurd,pipad Road, Tehsil Pipad City, District Jodhpur.

¶11

Suman D/o Late Shri Dudaram, Aged About 18 Years, B/c Meghwal,r/o Salwa Khurd,pipad Road, Tehsil Pipad City, District Jodhpur.

¶12

Pinku Aka Priyanka D/o Late Shri Dudaram, Aged About 16 Years, Minor Through Her Natural Guardian Mother Smt.bhanwari B/c Meghwal,r/o Salwa Khurd,pipad Road, Tehsil Pipad City, District Jodhpur.

¶13

Shriram S/o Late Shri Laduram, Aged About 82 Years, B/c Meghwal,r/o Salwa Khurd,pipad Road, Tehsil Pipad City, District Jodhpur.

¶14

Andayi W/o Shriram, Aged About 77 Years, B/c Meghwal,r/o Salwa Khurd,pipad Road, Tehsil Pipad City, District Jodhpur.

¶15

Jasraj S/o Dayaram, B/c Sonar,r/o Klaau, Tehsil Deichu, District Jodhpur.(Owner And Driver Of The Insured Vehicle)

¶16

----Respondents

¶17

[CMA-1891/2020]

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[2023:RJ-JD:37702] For Appellant(s)	: Mr. Mr.	(2 of 3) Mehul Vinay	[CM Kothari for Kothari
For Respondent(s)	: Mr.	Deepa	k Bishnoi, claimants

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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03/11/2023

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The instant Civil Misc. Appeal has been filed by the appellantInsurance Company against the judgment and award dated 07.09.2020 passed by learned Motor Accident Claims Tribunal No.1, Jodhpur, in Motor Accident Claim Case No.122/2015 (NCV No.3456/2015) whereby the learned Tribunal has awarded a compensation of Rs.9,43,288/-along with interest @ 6% from the date of filing of the claim petition in favour of the respondentclaimants.

¶23

During the pendency of the appeal, both the parties i.e. appellant-Insurance Company and respondent-claimants have mutually settled the amount of compensation and have also produced before the Court a memorandum of understanding, dated 30.10.2023 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.11,00,000/- with interest over and above the already paid amount of Rs.75,000/-to the claimants. The enhanced amount of compensation be paid within a period of two months from today

(3 of 3)

[2023:RJ-JD:37702]

[CMA-1891/2020]

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.11,00,000/-, the amount shall be disbursed to the respondent-claimants. The entire claim of the claimants shall be deemed to be satisfied.

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In view of above, the appeal is disposed of. The stay petition also stands disposed of.

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

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(MADAN GOPAL VYAS),J

¶32

540-Bharti/-

Branch Manager v. Bhanwari

Case brief

What is this about?

What did the court decide?

Branch Manager v. Bhanwari

Case brief

What is this about?

What did the court decide?

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