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2025 DAILYLAW 17283 (RAJ)

VISHRAM v. INDERCHAND AND ORS

CMA/6038/2017 · 2025-03-28

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:14477] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 6038/2017 Vishram S/o Gordhan, aged 24 years, R/o Village Ramsar, Police Station Nasirabad Sadar, Distt. Ajmer. ----Appellant Versus 1. Inderchand S/o Ladu, R/o Village Ramsar, Police Station Nasirabad Sadar, Distt. Ajmer Driver-Tractor No. RJ-21- 3R-0919. 2. Mohammed Aslam S/o Khawaja Ismil, aged 52 years, R/o Village Ram Sar, Vyapari Mohalla, Police Station Nasirabad, Ajmer Owner-Tractor No. RJ-21-3R-0919 3. Shriram General Insurance Company Limited, Division Office At 3rd Floor, Amar Plaza Complex, Opposite Daulatbagh, Ajmer Having Its Regional Office At E-8, EPIP, Sitapura RIICO Industrial Area, Pratap Nagar, Jaipur Through Its Regional Manager Insurer-Tractor No. RJ-21- 3R-0919 ----Respondents For Appellant(s) : Mr. Vinay Mathur, Adv. for Mr. Ajay Shukla, Adv. For Respondent(s) : Mr. Naveen Kumar Sharma, Adv. for respondent nos. 1 & 2 Ms. Anjali Assat, Adv. for Mr. Prakhar Agarwal, Adv. for respondent no.3 HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 28/03/2025 1. This appeal has been filed by the appellant-claimant against the judgment and award dated 11.08.2017 passed by learned Motor Accident Claims Tribunal, Ajmer (hereinafter referred to as the 'Tribunal') in MAC Case No.238/2013 titled as Vishram Vs. [2025:RJ-JP:14477] (2 of 2) [CMA-6038/2017] Inderchand & Ors. for enhancement of the award amount passed by learned Tribunal. 2. During the course of proceedings, the claimant and respondent No.3-Insurance Company have entered into a compromise. A memo of compromise has been made part of the record, signed by learned counsel for both the parties. According to the compromise arrived at between the parties, the Insurance Company shall make a payment of Rs.4,75,000/- in addition to the award amount already passed by the learned Tribunal. Therefore, this appeal is disposed of in terms of the compromise arrived at between the parties. The Insurance Company is directed to deposit the amount of Rs.4,75,000/- within two months from the date of passing of this order before learned Tribunal, failing which the claimant shall be entitled to get interest on the enhanced amount @ 6% per annum till final payment to the claimant. 3. Looking to the fact that the accident occurred in the year 2012 and the appeal is pending for the last more than 12 years, therefore, the learned Tribunal is directed to disburse the amount to the claimant through their saving bank accounts. 4. With the above observations, the appeal is disposed of. 5. Pending application(s), if any, also stands disposed of. (ASHUTOSH KUMAR),J Mohita /73