In this S.B. Civil Misc. Appeal regarding a motor accident claim, the High Court, Jodhpur disposed of the appeal after the parties reached a settlement. The court ordered the insurer to enhance the previously awarded compensation by Rs. 4,00,000 along with interest.
Award enhanced by Rs. 4,00,000 with interest if not paid within two months; appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:28923]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 2118/2019
Dalchand S/o Banshilal Yadav, Aged About 32 Years, R/o Gautam Nagar (Bandianala), Kankroli, Tehsil Rajsamand, District Rajsamand.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Sandeep Saruparia For Respondent(s) : Mr. Vishal Singhal
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
11/09/2023
The instant Civil Misc. Appeal has been filed by the appellantclaimant against the judgment and award dated 12.04.2019 passed by learned Motor Accident Claims Tribunal, Rajsamand whereby the learned Tribunal has awarded a compensation of Rs. 2,70,520/--in favour of the appellant-claimant.
During the pendency of the appeal, both the parties i.e. appellant-claimant and respondent-Insurance Company have
(2 of 2)
[2023:RJ-JD:28923]
[CMA-2118/2019]
mutually settled the amount of compensation and pray to dispose of the appeal in the spirit of Lok Adalat.
In the spirit of Lok Adalat and with the consent of counsel for the parties, the amount of compensation is further enhanced by Rs.4,00,000/- lump-sum in addition to the compensation already awarded to the claimant along with the interest from the date of filing of the claim. The enhanced amount of compensation be paid within a period of two month 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. 4,00,000/- by the Insurance Company, the same shall be disbursed to the appellantclaimant immediately and the entire claim of the claimant shall be deemed to be satisfied.
In view of above, the appeal is disposed of.
Record of the Tribunal, if received, be sent back.
(MADAN GOPAL VYAS),J
534-Bharti/-
Dalchand S/o Banshilal Yadav
Pramod Jain S/o Dilip Jain
Smt. Vimla Devi W/o Dilip Jain
Manager, Future General Insurance Company Ltd.
Madan Gopala Vyas
As recorded by the court registry
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