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2017 Supreme(Raj) 142
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHESH CHANDRA SHARMA, J.
Satyanarayan - Appellant
Versus
Chotu Lal Alias Choturam Junwal And Ors. - Respondents
S.B. Civil Miscellaneous Appeal No. 6703 of 2016
Decided On : 14-02-2017
For the Appellant : Mr. Bhanu Prakash.
For the Respondents: Ms. Chitra Goyal.
The court's decision was influenced by the compromise reached between the parties, leading to the enhancement of compensation and specific directions for deposit and disbursement of the enhanced amount.
Headnote:
Enhancement - Motor Accident Claims Tribunal - The court allowed the appeal for enhancement of compensation based on the compromise reached between the claimants and the insurance company. The insurance company consented to enhance the amount awarded by the Tribunal in favor of the claimants, and the appeal was partly allowed with directions for the enhanced amount to be deposited and disbursed within a specified period.
Fact of the Case:
The appeal was filed against the judgment and award passed by the Motor Accident Claims Tribunal for enhancement of compensation.
Finding of the Court:
The appeal was allowed based on the compromise reached between the claimants and the insurance company, leading to the enhancement of the compensation amount. The insurance company consented to the enhanced amount, and the appeal was partly allowed with specific directions for the deposit and disbursement of the enhanced amount.
Issues: Enhancement of compensation, consent of the parties, modification of the impugned award, directions for deposit and disbursement of enhanced amount, breach of insurance policy or violation of terms
Ratio Decidendi: The court's decision was influenced by the compromise reached between the parties, leading to the enhancement of compensation. Specific directions were provided for the deposit and disbursement of the enhanced amount, and provisions were made for interest and potential breach of insurance policy or violation of terms.
Final Decision: The appeal was partly allowed, and the respondent-insurance company was directed to deposit the enhanced amount with the Tribunal within a specified period for disbursement to the claimants. Provisions were made for interest in case of delayed payment and for potential breach of insurance policy or violation of terms.
1. This appeal has been filed against the impugned judgment and award passed by the Motor Accident Claims Tribunal for enhancement of the quantum of compensation.
2. Keeping in view the pious work of Lok Adalat, at this stage, the counsel for both the parties i.e. the claimants and the insurance company agree that this appeal may be disposed of on the basis of the compromise.
3. The learned counsel for the respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.10,000/- (rupees ten thousands only) in favour of claimants. This amount shall be in addition to the amount awarded by the learned Tribunal and the claimants-appellants are held entitled to get the aforesaid amount.
4. In view of above, this appeal is partly allowed and it is directed that the respondent-insurance company shall deposit the aforesaid enhanced amount with the learned Tribunal within a period of six weeks from the date of receipt of certified copy of this order and the same shall be disbursed to the claimants immediately. In case the amount is not paid to the claimants within the stipulated period of six weeks, the claimants shall be entitled to interest @ 9% per annum on the enhanced amount from the date of passing of this judgment. Rest of the terms under the award shall remain unchanged.
5. However, it is made clear that if there is any breach of insurance policy or violation of the terms of the policy, the respondent/insurance company shall be at liberty to move an application before the executing court for recovering the amount from the owner of the offending vehicle or he can move an application before this court for recalling of the order.
6. The impugned award stands modified, as indicated here-in-above.
