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2017 Supreme(Raj) 141
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHESH CHANDRA SHARMA, J.
Mankanwar And Others - Appellants
Versus
Pervez Khan And Another - Respondents
S.B. Civil Miscellaneous Appeal No. 4771 of 2016
Decided On : 14-02-2017
For the Appellants : Mr. Manish Gupta.
For the Respondents: Mr. Rinesh Gupta.
The court can allow an appeal for enhancement of compensation based on a compromise reached between the parties.
Headnote:
Compromise - 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, directing the insurance company to deposit the enhanced amount with the tribunal for disbursement to the claimants.
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 court allowed the appeal and directed the insurance company to deposit the enhanced amount with the tribunal for disbursement to the claimants.
Issues: Enhancement of compensation, agreement between parties, breach of insurance policy
Ratio Decidendi: The court allowed the appeal based on the compromise reached between the parties and modified the impugned award to enhance the compensation.
Final Decision: The appeal was partly allowed, and the insurance company was directed to deposit the enhanced amount with the tribunal for immediate disbursement to the claimants.
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.2,10,000/- (rupees two lac and ten thousand 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.
