Rajasthan High Court - Jaipur
Ajay Kumar vs Amar Singh Meena & Ors on 14 August, 2012
S.B. Civil Misc. Appeal No. 3069/2006 Ajay Kumar V/s. Amar Singh Meena & Ors. ----
HONBLE MR. JUSTICE MAHESH CHANDRA SHARMA Date 14.8.2012 Mr.M.S. Parmar for the Appellant.
Mr.Rishipal Agarwal )for the Insurance Company
& )
Mr. Akshat Chaudhary )
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Heard on application filed U/s. 5 of the Limitation Act and perused the contents thereof.
I am satisfied with the cause shown in the application in filing the appeal with delay. Hence, the delay is condoned and the application U/s. 5 of the Limitation Act stands allowed.
This appeal has been filed against the award of the Motor Accident Claims Tribunal. Against this award of the Claims Tribunal, the claimant has filed this appeal for enhancement of the claim amount. The learned counsel for the appellant states that there is no breach of policy in the instant matter. He further states that the insurance company has satisfied the claim and has not filed any cross objections in this matter.
Keeping in view the pious work of Lok Adalat, at this stage counsel for both the parties i.e. the claimant and the insurance company agree that this appeal may be disposed on the basis of the compromise. The learned counsel for the insurance company gave consent for enhancing the amount of the award i.e. Rs. 3,000/- (Three Thousand). The insurance company shall deposit the amount within a period of eight weeks from today and the same shall be disbursed to the claimant. In case the amount is not paid within a period of eight weeks the claimant shall be entitled to interest at the rate of 9 % per annum from the date of passing of this order.
With the above directions this misc. appeal stands disposed of. In case it is found that the insurance company has already filed cross objections or the matter is of a breach of policy, the insurance company shall be at liberty to file application for revival of the appeal.
(Mahesh Chandra Sharma) J.
Suresh All corrections made in the judgment/order have been incorporated in the judgment/order being emailed Suresh Kumar Sharma P.S.