Allowed

National Insurance Company Limited v. Lata

Rajasthan HC9 Apr 2024CMA/531/2024

Case brief

AI extract

What is this about?

In this civil misc. appeal, the High Court of Rajasthan reduced the rate of interest on compensation awarded in a motor accident claim by the Motor Accident Claims Tribunal from 9% to 6% per annum, relying on revised settlement guidelines and parties' consensus.

What did the court decide?

Directions to pay compensation of Rs. 35,82,000/- with interest at 6% per annum from the date of filing of the claim petition.

National Insurance Company Limited Vs Lata — Banking and Recovery | Rajasthan HC (2024)

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[2024:RJ-JD:15956]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 531/2024

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National Insurance Company Limited, Divisional Office At 12Th Residency Road Jodhpur Through Its Officer In Charge Sun Tower 4Th And 5Th Floor Above Passport Main Pal Road Jodhpur (Insurer Of Truck No Rj -08-Ga-1331)

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----Appellant

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Versus

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Lata D/o Lt Desha Ram, Aged About 21 Years, R/o Village Bharoodi Tehsi Jaswantpura Dist Jalore

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Yashoda D/o L Desha Ram, Aged About 25 Years, R/o Village Bharoodi Tehsi Jaswantpura Dist Jalore

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Smt Sushila W/o Lt Asha Ram, R/o Village Bharoodi Tehsi Jaswantpura Dist Jalore

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Devi Lal S/o Raghunath, R/o Maalwad Tehsil Hindoli Dist Boondi (Driver Of Truck No Rj- 08 Ga-1331)

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Mohd Rafiq S/o Mohd Hussain, R/o Tehsil Roadhindoli Dist Boondi (Owner Of Truck No Rj- 08 Ga-1331)

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----Respondents

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For Appellant(s)	: Mr. Santosh Choudhary
For Respondent(s)	: Mr. Javed Hussain

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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09/04/2024

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The present civil misc. appeal has been filed by the appellant-Insurance Company under Section 173 of the Motor Vehicles Act against the judgment and award dated 03.10.2023 passed by the learned Judge, Motor Accident Claims Tribunal, Bhinmal, District Jalore (hereinafter referred as to the learned Tribunal) in Claim Case No. 38/2014, whereby learned Tribunal

[2024:RJ-JD:15956]

[CMA-531/2024]

(2 of 3)

awarded Rs. 35,82,000/- as compensation to the claimants with interest @ 9% per annum from the date of filing of the claim petition.

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At the outset, learned counsel for the appellant-Insurance Company has made a limited prayer and has submitted that the appellant-Insurance Company is ready and willing to satisfy the claim amount as awarded by the learned Tribunal, however, it is prayed that the rate of interest on the awarded amount be reduced from 9% per annum to 6% per annum.

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Learned counsel appearing for the respondents-claimants has no objection to the prayer made by learned counsel for the appellant.

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Heard learned counsel for the parties and perused the material available on record.

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As per the revised guidelines for settlement in MACT Cases dated 15.04.2021 issued by the Rajasthan State Legal Services Authority and in view of the submissions advanced by learned counsel for the parties, this Court deems it appropriate to reduce the rate of interest payable on compensation from 9% per annum as awarded by the learned Tribunal to 6% per annum.

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Accordingly, it is directed that the appellant-insurance company shall pay the awarded amount of Rs. 35,82,000/- to the claimants as already agreed upon by learned counsel for the appellant-Insurance Company with interest @ 6% per annum from the date of filing of the claim petition instead of interest @ 9% per annum.

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The present civil misc. appeal is disposed of in the above stated terms.

[2024:RJ-JD:15956]

[CMA-531/2024]

(3 of 3)

Stay petition shall also stands disposed of.

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(MADAN GOPAL VYAS),J

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14-Dinesh/-

National Insurance Company Limited v. Lata

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited v. Lata

Case brief

What is this about?

What did the court decide?

What the court decided

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