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2025 DAILYLAW 15776 (RAJ)

MATADEEN v. GULAB SINGH AND OORS

CMA/2361/2007 · 2025-04-08

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:15610] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2361/2007 Matadeen S/o Shri Jagannath, R/o Village Chauhanpura, Tehsil Rajakhera, District Dholpur (Raj.). ----Appellant Versus 1. Gulab Singh S/o Shri Betal Singh, R/o Menawali Gali, Lashkar, Police Station Lashkar, District Gwalior (M.P.). 2. The New India Assurance Company Ltd., Regional Office, First Sanjay Palace, Agra, District Agra, (U.P.). ----Respondents For Appellant(s) : Mr. Anil Jain For Respondent(s) : Mr. Sanjay Singhal with Mr. Firoz Akhtar Ansari HON'BLE MR. JUSTICE MANEESH SHARMA Order 08/04/2025 1. The instant appeal has been filed against the impugned order dated 07.04.2007 passed by Motor Accident Claims Tribunal and Special Judge, D.A.A., Dholpur in case No.101/2005 whereby he partly allowed the claim petition. 2. At the request of learned counsel for the appellant, service of notice upon respondent No.1 is dispensed with. 3. With the consent of learned counsel for the parties, the mat- ter was heard finally and during the course of hearing, learned counsel for the parties jointly submits that this appeal may be dis- posed of by enhancing the compensation from Rs.1,40,000/- as awarded by Motor Accident Claims Tribunal. [2025:RJ-JP:15610] (2 of 2) [CMA-2361/2007] 4. Learned counsel for the New India Assurance Company Ltd. upon instructions has submitted a fair proposal that a lump sum amount of Rs.3,00,000/- may kindly be further awarded to close the issue involved in the present appeal. 5. The said proposal has been agreed upon by learned counsel for the appellant. 6. In view of this acceptance between the parties, the appeal is disposed of and the amount awarded under the impugned order is enhanced from Rs.1,40,000/- to Rs.4,40,000/-. 7. However, it is made clear that on this enhanced amount of Rs.3,00,000/-, no interest will be payable. 8. It has been further directed that respondent No.2- The New India Assurance Company Ltd. shall deposit the enhanced amount of Rs.3,00,000/- within a period of three months from the date of receipt of certified copy of this order and in case the amount of Rs.3,00,000/- is not deposited within the stipulated period, claimant shall be entitled to get interest @ 6% p.a. from the date of passing of this order. (MANEESH SHARMA),J Deepa-8