Disposed

Kanya v. Satish Kumar and Ors.

Rajasthan HC12 Sept 2023CMA/657/2016

Case brief

AI extract

What is this about?

The High Court disposed of a civil miscellaneous appeal in a motor accident claim case after the parties mutually settled. The Court enhanced the compensation by Rs.2,00,000 along with interest, directing the respondent to deposit the enhanced amount within two months, after which the appellant's claim would be deemed satisfied.

What did the court decide?

Compensation enhanced by Rs.2,00,000 with interest; respondent ordered to deposit enhanced amount in the Tribunal within two months for immediate disbursement to appellant.

Kanya Vs Satish Kumar and Ors. — Insurance | Rajasthan HC (2023)

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[2023:RJ-JD:29153]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 657/2016

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Kanya D/o Mahendra Singh, aged – 11 years, resident of Dagal Ka Rela, Bar, Tehsil – Raipur, District -Pali Rajasthan (minor through her natural guardian and father Mahendra Singh.

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----Appellant

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Versus

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Satish Kumar S/o Jugatiram, by caste – Jat, resident of Shahpur, Police Station – Jind, Hariyana

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Driver

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Mahaveer Singh S/o Udai Singh, by caste – Jat resident of Jaroda Kalan, Police Station Haridas Nagar, Delhi – 72

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Owner

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Reliance General Insurance company, 2^nd Floor, Maker Tower, Queen Road, Nityanand Nagar, Vaishali Nagar, Jaipur, Rajasthan.

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Insurance Company ----Respondents

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For Appellant(s) : Mr. Ravi Panwar For Respondent(s) : Mr. Vishal Singhal

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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12/09/2023

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Defect(s) pointed out by the office is overruled.

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The instant Civil Misc. Appeal has been filed by the appellantclaimant against the judgment and award dated 10.07.2015 passed by learned Motor Accident Claims Tribunal, Jaitaran District Pali whereby the learned Tribunal has awarded a compensation of Rs.5,50,000/-in favour of the appellant-claimant.

(2 of 2)

[2023:RJ-JD:29153]

[CMA-657/2016]

During the pendency of the appeal, both the parties i.e. appellant-claimant 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 and with the consent of counsel for the parties, the amount of compensation is further enhanced by Rs.2,00,000/- 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 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.2,00,000/- 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.

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In view of above, the appeal is disposed of.

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

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(MADAN GOPAL VYAS),J

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Bharti/-

Kanya v. Satish Kumar and Ors.

Case brief

What is this about?

What did the court decide?

Kanya v. Satish Kumar and Ors.

Case brief

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What did the court decide?

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