Allowed

United India Insurance Co. Ltd. v. Manbhari

Rajasthan HC12 Apr 2023CMAP/23/2023

Case brief

AI extract

What is this about?

Appellant insurer filed this application seeking correction in an order directing payment of Rs. 4,00,000 as a lump sum. The court clarified that payment must be a lump sum in addition to compensation already awarded.

What did the court decide?

Clarified that the appellant must pay the additional amount of Rs. 4,00,000 as a lump-sum amount in addition to compensation already awarded.

United India Insurance Co. Ltd. Vs Manbhari — Rajasthan HC (2023) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B.Civil Misc. Application No. 23/2023

¶3

¶4

S.B. Civil Misc. Appeal No. 1349/2014

¶5

United India Insurance Co. Ltd.

----Appellant

Versus

Manbhari And Ors.

----Respondent

For Applicant(s)	: Mr. Anil Kaushik
For Respondent(s)	: Mr. Om Rajpurohit

¶11

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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12/04/2023

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The applicant/appellant-insurance company has filed the instant misc. application seeking correction in the order dated 10.4.2023 passed by this Court in S.B.Civil Misc. Appeal No. 1349/2014.

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Learned counsel for the applicant/appellant-insurance company submits that in the aforesaid appeal while compromising the matter with the respondents-claimants, it was agreed that the appellant insurance company will pay an additional amount of Rs.4,00,000/- in addition to the amount of compensation already received by the respondents-claimants under Section 173, 140 of the MV Act and in terms of interim order dated 10.10.2014. However, vide order dated 10.4.2023 while disposing of the appeal, the appellant- insurance company has been directed to pay additional amount of Rs.4,00,000/- in addition to the

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(2 of 2) [CMAP-23/2023]

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compensation already awarded vide impugned judgment and award dated 21.05.2014, whereas it was agreed to pay the enhanced amount of Rs. 4,00,000/- in addition to the amount of compensation already received by the respondent-claimant out of the awarded amount.

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Learned counsel appearing for the respondents-claimants does not dispute the above factual position.

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Accordingly, the application is allowed and it is made clear that vide order dated 10.4.2023, the appellant-insurance company has been directed to pay to the respondents-claimants the additional amount of Rs. 4,00,000/- as lump-sum amount, in addition to the amount of compensation already received by the respondent-claimant out of the awarded amount vide judgment and award dated 21.05.2014 passed in Claim Case No. 152/2012 as a full and final settlement of the claim case.

¶20

This order be treated as part and parcel of order dated 10.4.2023.

¶21

(YOGENDRA KUMAR PUROHIT),J

¶22

RP/-

United India Insurance Co. Ltd. v. Manbhari

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Manbhari

Case brief

What is this about?

What did the court decide?

What the court decided

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