Partly allowed

Mirki v. Imran Bhati Daligara

Rajasthan HC28 Mar 2023CMA/325/2019

Case brief

AI extract

What is this about?

This appeal challenges the inadequacy of compensation awarded by the Motor Accident Claims Tribunal. Appellants and the insurance respondent reached a settlement to enhance the award by Rs. 3,00,000/- to be treated as full and final settlement.

What did the court decide?

Insurance Company directed to pay appellants additional Rs. 3,00,000/- as full and final settlement within four weeks with interest if delayed.

Mirki Vs Imran Bhati Daligara — Motor Accident Claims | Rajasthan HC (2023)

¶1

[2023/RJJD/007874]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Misc. Appeal No. 325/2019

¶4

Mirki W/o Chagan Lal, Aged About 42 Years, B/c Garasia, R/o Village Padarphali, Nichlagarh, Tehsil Aburoad, District Sirohi.

¶5

Ramaram S/o Chagan Lal, Aged About 18 Years, B/c Garasia, R/o Village Padarphali, Nichlagarh, Tehsil Aburoad, District Sirohi.

¶6

Suraj S/o Chagan Lal, Aged About 15 Years, Minor Through Natural Mother Who Is Appellant No. 1. B/c Garasia, R/o Village Padarphali, Nichlagarh, Tehsil Aburoad, District Sirohi.

¶7

Sakura S/o Chagan Lal, Aged About 12 Years, Minor Through Natural Mother Who Is Appellant No. 1. B/c Garasia, R/o Village Padarphali, Nichlagarh, Tehsil Aburoad, District Sirohi.

¶8

Basti D/o Chagan Lal, Aged About 8 Years, Minor Through Natural Mother Who Is Appellant No. 1. B/c Garasia, R/o Village Padarphali, Nichlagarh, Tehsil Aburoad, District Sirohi.

¶9

Govind S/o Chagan Lal, Aged About 5 Years, Minor Through Natural Mother Who Is Appellant No. 1. B/c Garasia, R/o Village Padarphali, Nichlagarh, Tehsil Aburoad, District Sirohi.

¶10

Devaram S/o Deeta Ram, Aged About 64 Years, B/c Garasia, R/o Village Padarphali, Nichlagarh, Tehsil Aburoad, District Sirohi.

¶11

Chinki Devi W/o Deva Ram, Aged About 62 Years, B/c Garasia, R/o Village Padarphali, Nichlagarh, Tehsil Aburoad, District Sirohi.

¶12

----Appellants

¶13

Versus

¶14

Imran Bhati Daligara S/o Banshir Bhai, Aged About 31 Years, B/c Muslim, R/o Khara Kua, Rajpura Road, Post Nava Disha, Tehsil Disha, District Banaskanta, Gujrat. (Driver Of Car No. GJ 05 CK 7678)

¶15

Khaver Mohammad Lohani S/o Salim Khan, Aged About 42 Years, B/c Muslim, R/o Ahmadi Society, Sukhbagh Road, Palanpur, Gujrat. (Owner Of Registered Car No. GJ

¶16

(2 of 3) [CMA-325/2019]

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[2023/RJJD/007874]

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05 CK 7678)

¶19

The ICICI Lombard General Insurance Co. Ltd., Through Divisional Manager, 58, Panchwati Hero Honda Building, Udaipur Rajasthan. (Insurance Company Of Car No. GJ 05 CK 7678) (Insurance Dated 28-03-2015 To 27-03-2016 Policy No. 3001/88866937/01/000)

¶20

----Respondents

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For Appellant(s) : Mr. Ravi Panwar For Respondent(s) : Mr. Vinay Kothari

¶22

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

¶23

Order

¶24

28/03/2023

¶25

The Motor Accident Claims Tribunal, Abu Road, District Sirohi vide judgment dated 19.11.2018 in MACT Case No.114/2016 passed award of Rs.9,30,600/- with interest @ 6% per annum in favour of the appellants-claimants, but the appellants-claimants submit that the compensation awarded by the Tribunal is inadequate and same deserves to be enhanced.

¶26

The counsel appearing for the Insurance Company has agreed to enhance the compensation to the tune of Rs.3,00,000/-. Learned counsel for the appellants-claimants agreed to the aforesaid proposal made by learned counsel appearing for the Insurance Company.

¶27

In view of settlement arrived at between the appellantsclaimants and respondent-Insurance Company to enhance an additional amount of Rs.3,00,000/- as lump-sum in addition to compensation already granted by the Tribunal as a full and final

(3 of 3)

[2023/RJJD/007874]

[CMA-325/2019]

settlement of the claim case, this appeal is disposed of in following terms:

¶32

The Insurance Company shall pay to the appellantsclaimants the additional amount of Rs.3,00,000/- as lump-sum amount, in addition to the compensation already awarded vide impugned judgment dated 19.11.2018 passed in MACT Case No114/2016 as a full and final settlement of the claim case. The enhanced amount shall be deposited by the respondent- Insurance Company with the Tribunal within a period of four weeks from today, failing which on the enhanced amount, interest @ 6% from the date of enhancement till payment shall be payable. On deposit of the amount as aforesaid, the same shall be disbursed to the appellants-claimants in accordance with law.

¶33

The award impugned dated 19.11.2018 passed by Motor Accident Claims Tribunal, Abu Road, District Sirohi in MACT Case No.114/2016 is modified accordingly.

¶34

Office is directed to send the record back to the learned Tribunal forthwith.

¶35

(YOGENDRA KUMAR PUROHIT),J

¶36

164-RP/-

Mirki v. Imran Bhati Daligara

Case brief

What is this about?

What did the court decide?

Mirki v. Imran Bhati Daligara

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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