S.B.CIVIL MISC. APPEAL No. 3544 of 2012 · Rajasthan High Court

HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr.Jitendra Bajaj, for the claimant-appellants Mr. V.P.Mathur for the insurance company --- This appeal has been filed under section 173 of the Motor Vehicles Act by claimants against the common award dated 21.6.2012 passed by Judge, Motor Accident Claims Tribunal Bundi in Claim case No.414/2011 whereby the claimants were awarded compensation in the amount of Rs.3,72,000/- for enhancement of claim. The appeal (SBCMA No.3434/2012) filed by the United India Insurance Co. against the common award dated 26.5.2009 in claim case No.414/2011 by the order of even date has been set aside qua the issues No.1, 2 and 3 and the MACT is directed to decide as a fresh the issue 1, 2 and 3. The insurance company in that case has been directed to deposit the full amount of the award and half of the award money was directed to be disbursed to the claimants and half of the amount shall remain in deposit with the Nationalised Bank.

In view of the above this appeal is also disposed and the common award dated 21.6.2012 passed by Judge, Motor Accident Claims Tribunal Bundi in Claim case No.414/2011 whereby the claimants were awarded compensation in the amount of Rs.3,72,000/- is set aside qua the issues No.1, 2 and 3 and the MACT is directed to decide as a fresh the issue 1, 2 and 3. The parties are directed to appear before the MACT on 18.2.2013. The insurance company is directed to deposit the full amount of the award and half of 2 the award money shall be disbursed to the claimants and half of the amount shall remain in deposit with the Nationalised Bank. The compensation paid to the claimants shall not be recovered till the decision on issues No. 1,2 and 3. (MAHESH CHANDRA SHARMA )J. OPPareek/ All corrections made in the judgment/order have been incorporated in the judgment/ order being emailed (O P Pareek) PS-cum JW