Allowed
Rais and Others v. Mohd Arsad and Others
Rajasthan HCCMA/1941/2015
Case brief
AI extract
What is this about?
This single judge order allowed an S.B. Civil Miscellaneous Appeal against a previous claim settlement order. The High Court quashed the impugned order of the Additional Civil Judge that settled only 25% of the sum assured. It held that under Section 163 of the MV Act, the insurer must pay at least 25% without exchanging opinions on liability. Consequently, the claimant is entitled to 33 1/3% (one
What did the court decide?
Claimant entitled to 4,22,000/- as enhanced settlement amount, calculated at 33 1/3% of sum assured. Judgment remanded for calculation of interest.