Dismissed

Sharwan Lal v. Icici Lombard General Insurance Company Ltd.

Rajasthan HC1 Aug 2023CMA/937/2021

Case brief

AI extract

What is this about?

The High Court dismissed the appellant's appeal against the Motor Accident Claims Tribunal's award upon the parties arriving at a settlement. It directed the respondent insurance company to pay an additional sum of Rs. 90,000 as a full and final settlement.

What did the court decide?

The respondent-Insurance Company was directed to pay an additional Rs. 90,000 as a lump-sum to the appellant-claimant as a full and final settlement.

Sharwan Lal Vs Icici Lombard General Insurance… — Motor Accident Claims | Rajasthan HC (2023)

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[2023:RJ-JD:24373]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 937/2021

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Sharwan Lal S/o Heera Lal Gurjar, Aged About 45 Years, R/o Thakuron Ka Mohalla, Ralayta, Tehsil Pholiya Kallan, District Bhilwara.

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----Appellant

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Versus

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ICICI Lombard General Insurance Company Ltd., Divisional Manager, Bhagwati Bhawan, Second Floor, Upper side of P.L. Motors, M.I. Road, Jaipur.

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Faiz Mohammed S/o Ali Mohammed Bagwan, R/o Amargarh, Police Station Shkargarh, Tehsil Jhajpur, District Bhilwara.

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----Respondents

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For Appellant(s) : Mr. Nikhil Ajmera for Mr. Sandeep Saruparia

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For Respondent(s) : Mr. Jagdish Vyas

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Judgment / Order

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01/08/2023

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The Motor Accident Claims Tribunal No.1, Bhilwara vide judgment and award dated 19.03.2021 in Claim Case No.182/2018 passed an award of Rs. 1,66,550/- with interest @ 6% per annum in favour of the appellant-claimant. Aggrieved by the said judgment and award, the claimant has filed the instant appeal. It is submitted that the compensation awarded by the Tribunal is inadequate and same deserves to be enhanced.

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Learned counsel appearing for the respondent-Insurance Company has agreed to enhance the compensation amount by Rs. 90,000/- in addition to the amount already awarded by the

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[2023:RJ-JD:24373]

[CMA-937/2021]

learned Tribunal vide the award impugned as a full and final settlement of the claim case.

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Learned counsel for the appellant-claimant is agreed to the aforesaid proposal made by learned counsel appearing for the Insurance Company. 4. In view of the aforesaid settlement arrived at between the parties, this appeal is disposed of in following terms:

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The respondent-Insurance Company shall pay the agreed enhanced amount of Rs.90,000/- as lump-sum amount, in addition to the compensation already awarded vide impugned judgment and award dated 19.3.2021 passed in Claim Case No 182/2018 to the appellant-claimant 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 two months 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 appellant-claimant in accordance with law.

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The award impugned dated 19.3.2021 passed by Motor Accident Claims Tribunal No.1, Bhilwara, in Claim Case No. 182/2018 is modified accordingly.

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(YOGENDRA KUMAR PUROHIT),J

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307-RP/-

Sharwan Lal v. Icici Lombard General Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Sharwan Lal v. Icici Lombard General Insurance Company Ltd.

Case brief

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What did the court decide?

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