CourtKutchehry.com
High CourtsSingle Bench

Sadhana And Others vs Kishan Lal And Others

Rajasthan High Court · Decided on 4 August 2023 · Citation: (2023) 08 RAJ CK 0017

HON’BLE JUDGES
Yogendra Kumar Purohit, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Appeal No. 159 Of 2015
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

8 paragraphs · 326 words

Yogendra Kumar Purohit, J

1.

For the reasons mentioned in the application IA No.1/2023, the name of appellant No.6 Smt. Pushpa is deleted from the array of the appellants. The application stands disposed of accordingly. Amended cause title already filed is taken on record.

2.

The Motor Accident Claims Tribunal (Labour Court) Bikaner vide judgment and award dated 28.10.2014 in Claim Case No.201/2010 passed an award of Rs. 7,30,992/- with interest @ 7.5% per annum in favour of the appellants-claimants. Aggrieved by the said judgment and award, the claimants have filed the instant appeal. It is submitted that the compensation awarded by the Tribunal is inadequate and same deserves to be enhanced.

3.

Learned counsel appearing for the respondent-Insurance Company has agreed to enhance the compensation amount by Rs. 4,70,000/- in addition to the amount already awarded by the learned Tribunal vide the award impugned as a full and final settlement of the claim case.

4.

Learned counsel for the appellants-claimants is agreed to the aforesaid proposal made by learned counsel appearing for the Insurance Company.

5.

In view of the aforesaid settlement arrived at between the parties, this appeal is disposed of in following terms:

The respondent-Insurance Company shall pay the agreed enhanced amount of Rs.4,70,000/- as lump-sum amount, in addition to the compensation already awarded vide impugned judgment and award dated 28.10.2014 passed in Claim Case No 201/2010 to the appellants-claimants as a full and final settlement of the claim case. The enhanced amount shall be deposited by the respondent- Insurance Company with the Tribunal within a period of two months from today, failing which on the enhanced amount, interest @ 6% from the date of enhancement till payment shall be payable. On deposit of the amount as aforesaid, the same shall be disbursed to the appellants-claimants in accordance with law.

6.

The award impugned dated 28.10.2014 passed by Motor Accident Claims Tribunal (Labour Court), Bikaner in Claim Case No. 201/2010 is modified accordingly.