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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
HON'BLE MR. JUSTICE SUDESH BANSAL, J
SMT. CHAND KANWAR ALIAS CHAND DEVI W/O LATE NATHU SINGH (DECEASED) – Appellant
Versus
SOHAN SINGH S/O. SHRI CHITTAR SINGH – Respondent
Order :
1. Counsel for petitioners submits that petitioners were claimants who preferred a claim petition being MAC No.154/2011 under Section 166/140 of the Motor Vehicles Act, 1988 , for grant of compensation on account of accidental death of their husband/father viz. Late Nathu Singh(deceased). In that claim petition, vide award dated 26.02.2016, the Tribunal awarded compensation to the tune of Rs.15,44,216/-. Thereagainst, petitioners as also the Insurance Company preferred two separate appeals being S.B. CMA No.3412/2016 & S.B. CMA No.2640/2016. Both appeals were heard together and have been dismissed by the High Court vide common judgment dated 24.09.2018.
2. Counsel for petitioners have raised a grievance that the compensation amount so awarded in favour of petitioners has not been disbursed to petitioners as only 25% of such amount was disbursed and remaining 75% amount was kept in FDR. Those FDRs have been broken by the concerned Reader of the Claim Tribunal and he misappropriated/grabbed that amount for his personal use and in that connection one FIR No.59/2024 at Police Station Kekri Shehar, Kekri for offences under Sections 409, 467, 468, 471, 477, 120-B and 201 of IPC has
The court affirmed its limited jurisdiction under Articles 226 and 227, allowing petitioners to seek recovery of misappropriated compensation without further directives.
The amendment to Section 163A of the Motor Vehicles Act entitles claimants to a fixed compensation of Rs. 5,00,000 for fatal accidents, with retrospective effect.
The court considered evidence and admissions to establish the involvement of the offending vehicle in the accident and determined the compensation amount based on the deceased's occupation and prevai....
Motor Accident Claim – Compensation modified - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents.
The court affirmed the authority to enhance compensation awarded by the Motor Accident Claims Tribunal, ensuring timely disbursement to the claimant with provisions for interest and a management plan....
The Court's decision was based on the compromise reached by the parties, highlighting the significance of mutual agreement in settling legal disputes.
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