[2025:RJ-JP:18598] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2328/2017 United India Insurance Company Limited, Regional Office, 93, Saphire Centre, Opp. Esi Hospital, Ajmer Road, Jaipur- 302006. ----Appellant Versus 1. Ghanshaym Lal Sharma S/o Shri Kalyan Sahay Sharma, R/o Village And Post Paldi Khurd, Tehsil Jamwaramgarh, District Jaipur. 2. Rambabu Morya S/o Shri Khairati Lal Morya, R/o Kharkada, Police Station And Tehsil Jamwaramgarh, District Jaipur. At The Time Of Accident Of Driver Vehicle No. Rj23 Sd 2443 3. Vishwa Mohan Sharma S/o Shri Chitranjan Sharma, R/o Ward No. 14, Suratgarh, Distt. Sringanganagar. At The Time Of Accident Of Owner Vehicle No. Rj23 Sd 2443 4. Dharmendra Mandalwal S/o Shri Chothmal Mandawal, R/o Khakada, Post Station And Tehsil Jamwaramgarh, District Jaipur. At The Time Of Accident Of Owner Vehicle No. Rj23 Sd 2443 ----Respondents For Appellant(s) : Mr. Prateek Jain on behalf of Mr. P. S. Shukla For Respondent(s) : Mr. Manish Saini HON'BLE MR. JUSTICE MANEESH SHARMA Order 02/05/2025 1. The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 assailing the judgment and award dated 02.02.2017 passed by the Motor Accident Claim Tribunal, Jaipur District, Jaipur in MAC Case No.161/2012 (NCV No.3084/2014). 2. During the course of arguments, it transpired that during the pendency of the present appeal, another appeal preferred by the [2025:RJ-JP:18598] (2 of 3) [CMA-2328/2017] claimant for enhancement bearing SBCMA No.2365/2017 against the same impugned order, was partly allowed and the compensation amount of Rs.2,83,700/- was further enhanced/modified to the tune of Rs.70,000/- on the basis of consent given by the appellant-Insurance Company. Thus, it is evident that the impugned award dated 02.02.2017 was enhanced/modified by this Court vide order dated 11.05.2017. 3. It is also pertinent to mention here that the appellant- Insurance Company also filed a civil miscellaneous application No.357/2017 for recalling of the order dated 11.05.2017 but said recalling application was dismissed as withdrawn. 4. This aspect of the matter has not been disputed by the learned counsel for the Insurance Company. 5. Since, the impugned award amount is already enhanced/modified by this Court while hearing claimants appeal SBCMA No.2365/2017 vide order dated 11.05.2017 that too on the basis of the consent given by the appellant-Insurance Company, therefore, now the present appeal assailing the award dated 02.02.2017 on behalf of the Insurance Company is untenable and cannot be proceeded, as the Insurance Company cannot approbate and reprobate. Therefore, the present appeal preferred by the Insurance Company deserves to be dismissed. 6. In view of the discussion made herein above, the present appeal is dismissed with no order as to cost. 7. Since, the appeal itself has been dismissed, therefore, the stay application No.1661/2017 as well as the pending applications (IA Nos.1/2024 for vacation of interim order dated 20.11.2017, [2025:RJ-JP:18598] (3 of 3) [CMA-2328/2017] 2/2024 for early hearing, 3/2024 for passing further orders) stand disposed of. (MANEESH SHARMA),J Seema/109