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2017 Supreme(Raj) 134
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHESH CHANDRA SHARMA, J.
Smt. Mangli Devi - Appellant
Versus
Hansraj And Others - Respondents
S.B. Civil Miscellaneous Appeal No. 2724 of 2011
Decided On : 14-02-2017
For the Appellant : Mr. Abhishek Pareek.
For the Respondents: Mr. Virendra Saraswat.
The court's decision was guided by the principles of the Limitation Act, the need for timely compensation in motor accident claims, and the importance of honoring insurance policy terms.
Headnote:
Limitation Act - Motor Accident Claims Tribunal - The court allowed the application filed under section 5 of the Limitation Act, condoned the delay, and enhanced the quantum of compensation based on the compromise between the claimants and the insurance company.
Fact of the Case:
The application under section 5 of the Limitation Act was allowed, and 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 partly, directed the insurance company to deposit the enhanced amount with the tribunal, and modified the impugned award.
Issues: Delay in filing the application, enhancement of compensation, and terms of the insurance policy.
Ratio Decidendi: The court's decision was influenced by the compromise between the parties, the pious work of Lok Adalat, and the need to ensure timely compensation for the claimants.
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. Application filed under section 5 of the Limitation Act, is hereby allowed for the reasons mentioned therein. Delay is condoned.
2. 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.
3. 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.
4. The learned counsel for the respondent/insurance company gave consent for enhancing the amount of the award i.e. Rs.50,000/- (rupees fifty 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.
5. 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.
6. 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.
7. The impugned award stands modified, as indicated here-in-above.
