Back
2017 Supreme(Raj) 138
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHESH CHANDRA SHARMA, J.
Smt. Krishna And Others - Appellants
Versus
New India Assurance Co Ltd And Others - Respondents
S.B. Civil Miscellaneous Appeal No. 2745 of 2016
Decided On : 14-02-2017
For the Appellants : Mr. Ajay Gupta.
For the Respondents: Ms. Chitra Goyal.
The court's decision was based on the compromise reached between the parties and the consent of the insurance company to enhance the compensation amount.
Headnote:
Compensation - 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 compensation amount to Rs.2,00,000 in addition to the amount awarded by the Tribunal. The appeal was partly allowed, directing the insurance company to deposit the enhanced amount with the Tribunal within six weeks, with the provision for interest if the amount is not paid within the stipulated period. The impugned award was modified accordingly.
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 based on the compromise reached between the claimants and the insurance company, directing the insurance company to deposit the enhanced amount with the Tribunal within six weeks and providing for interest if the amount is not paid within the stipulated period.
Issues: Enhancement of compensation, consent of the parties, deposit of enhanced amount, breach of insurance policy
Ratio Decidendi: The court's decision was influenced by the compromise reached between the parties, the consent of the insurance company to enhance the compensation amount, and the provision for interest if the amount is not paid within the stipulated period.
Final Decision: The appeal was partly allowed, and the insurance company was directed to deposit the enhanced amount with the Tribunal within six weeks, with the provision for interest if the amount is not paid within the stipulated period.
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.2,00,000/- (rupees two lac 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.
