PHOOLI DEVI AND ORS. Vs. ASHOK KUMAR AND ORS.
LAWS(RAJ)-2014-11-155
HIGH COURT OF RAJASTHAN
Decided on November 18,2014

Phooli Devi and Ors. Appellant
VERSUS
Ashok Kumar And Ors. Respondents

JUDGEMENT

M.C. Sharma, J. - (1.) This appeal has been filed against the judgment and award passed by the Motor Accident Claims Tribunal for enhancement of the quantum of compensation. Keeping in view the pious work of Lok Adalat, at this stage, the counsel for both the parties i.e. the claimant/s and the insurance company agree that this appeal may be disposed of on the basis of the compromise.
(2.) The learned counsel for the insurance company gave consent for enhancing the amount of the award i.e. Rs. 75,000/ - (rupees seventy five thousand only). 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.
(3.) In view of above, this appeal is partly allowed and it is directed that the insurance company shall deposit the aforesaid enhanced amount with the learned Tribunal within a period of twelve weeks from today and the same shall be disbursed to the claimant/s. In case the amount is not paid to the claimant/s within the stipulated period of twelve weeks, the claimant/s shall be entitled to interest @ 9% per annum on the enhanced amount from the date of passing of the award by Motor Accident Claims Tribunal. Rest of the terms under the award shall remain unchanged. However, it is made clear that if there is any breach of insurance policy or violation of the terms of the policy, the 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. The impugned award stands modified, as indicated here -in -above.;


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