Mukesh Kumar Vs. Smt.Parul and ors

Mukesh Kumar vs Smt.Parul and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Nov 22, 2013

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https://sooperkanoon.com/case/1098604

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Citation: sooperkanoon.com/1098604
Court: Rajasthan Jodhpur High Court
Decided On: Nov 22, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Mukesh Kumar

Respondent

Smt.Parul and ors

Excerpt

.....as the bench of lok adalat constituted under the national legal services authority (lok adalats) regulations, 2009 is not available, this appeal has been placed before the court under the category 'matters referred for disposal in the spirit of lok adalat'. this appeal is directed against the judgment and award dated 27.9.2010 passed by motor accident claims tribunal, sirohi, whereby for the injuries suffered by the claimant-mukesh kumar, the tribunal has awarded a sum of rs.1,55,650/- alongwith interest @ 6% p.a.as compensation. 2 having heard learned counsel for the parties, it would be appropriate to dispose of the appeal in the spirit of lok adalat. having regard to the various facts and circumstances of the case, this court is of the opinion that interest of justice would be served by directing payment of a further lump-sum of rs.1,00,000/- as compensation by respondent no.3 bajaj allianz general insurance company limited. the award passed by the tribunal stands modified accordingly. the enhanced amount would be paid to the claimants in terms of the award, however, the same shall be paid in cash and no part of the enhanced compensation shall be placed in fixed deposit. the enhanced amount be paid within a period of one month. in case, the amount is not paid within a period of one month from today, the claimant/s would be entitled to interest @ 12% per annum from the date of this judgment till actual payment. the appeal stands disposed of with the consent of the parties and in the spirit of lok adalat. (arun bhansali).j. rm/94

Full Judgment

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT

: S.B.CIVIL MISC.

APPEAL NO.1362/2010 Mukesh Kumar versus Smt.

Parul Mathur & ORS.Date of Judgment :: 22.11.2013 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.Surendra Surana, for the appellant/s.

Mr.Santosh Choudhary, for the respondent No.3 alongwith Mr.Bharat Charan, Trainee Legal, Bajaj Allianz General Insurance Company Limited.

---- BY THE COURT: By order dated 11.11.2013, this appeal was directed to be placed before the 'Lok Adalat'.

It has been informed by the Registry that as the Bench of Lok Adalat constituted under the National Legal Services Authority (Lok Adalats) Regulations, 2009 is not available, this appeal has been placed before the Court under the category 'Matters Referred for Disposal in the spirit of Lok Adalat'.

This appeal is directed against the judgment and award dated 27.9.2010 passed by Motor Accident Claims Tribunal, Sirohi, whereby for the injuries suffered by the claimant-Mukesh Kumar, the Tribunal has awarded a sum of Rs.1,55,650/- alongwith interest @ 6% p.a.as compensation.

2 Having heard learned counsel for the parties, it would be appropriate to dispose of the appeal in the spirit of Lok Adalat.

Having regard to the various facts and circumstances of the case, this Court is of the opinion that interest of justice would be served by directing payment of a further lump-sum of Rs.1,00,000/- as compensation by Respondent No.3 Bajaj Allianz General Insurance Company Limited.

The award passed by the Tribunal stands modified accordingly.

The enhanced amount would be paid to the claimants in terms of the award, however, the same shall be paid in cash and no part of the enhanced compensation shall be placed in Fixed Deposit.

The enhanced amount be paid within a period of one month.

In case, the amount is not paid within a period of one month from today, the claimant/s would be entitled to interest @ 12% per annum from the date of this judgment till actual payment.

The appeal stands disposed of with the consent of the parties and in the spirit of Lok Adalat.

(ARUN BHANSALI).J.

rm/94

Same Court & Year Rajasthan Jodhpur · 2013 Same Parties Mukesh Kumar vs Smt.Parul and ors Same Subject Land Acquisition