Citation : 2021 Latest Caselaw 19302 Raj
Judgement Date : 17 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1428/2015
Smt. Geetadevi and Anr.
----Appellants Versus Future Generali India Ins. Co. and Ors.
----Respondents
For Appellant(s) : Mr. Hapu Ram
For Respondent(s) : Mr. Aditya Singhi for R.1 Insurance
Company
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
17/12/2021
This appeal is filed by the appellant-claimants for
enhancement of compensation.
The notices were issued to the respondents.
After service of notices, respondent No.1 Insurance Company
has put in appearance through Advocate Mr. Vishal Singhal.
However, respondents No.2 & 3 (Owner of vehicle) have not
turned up.
The counsel for respondent No.1 Insurance Company is
agreeable to ensue the compensation to the tune of
Rs.11,30,000/-, over and above to the compensation already
awarded by the Motor Accident Claims Tribunal, Barmer vide
impugned judgment dated 10.04.2015 passed in MACT Case
No.175/2013.
The appellant-claimants are also agreeable to enhance the
amount to the tune of Rs.11,30,000/-.
(2 of 2) [CMA-1428/2015]
This view of settlement arrived at between the appellant-
claimants and respondent No.1 Insurance Company to enhance an
additional amount of Rs.11,30,000/- as lump-sum in addition to
compensation already granted by the Tribunal, this appeal is
disposed of in following terms.
The Insurance Company shall pay additional Rs.11,30,000/-
as lump-sum amount, in addition to the compensation already
awarded vide impugned judgment 10.04.2015 passed in MACT
Case No.175/2013, within a period of four weeks to the appellant-
claimants, failing which on the enhanced amount, the interest
@7.5% from the date of enhancement till payment shall be
payable.
The award impugned dated 10.04.2015 passed by Motor
Accident Claims Tribunal, Barmer in Claim Case No.175/2013 is
modified accordingly.
In view of the above, the appeal is disposed of.
The stay application and all other pending application are
also disposed of.
(SUDESH BANSAL),J
156-AnilKC/-
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