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2025 DAILYLAW 20788 (RAJ)

DAULAT RAM v. BHAWANI SINGH MEENA AND ORS

CMA/2092/2018 · 2025-07-11

Ganesh Ram Meena

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:25761] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2092/2018 Daulat Ram S/o Shri Ramsahay, Age 47, R/o Plot No.515, Six Feet Road, Bhudar Roadm Bhudar Road, Alwar. ----Appellant/Claimant Versus 1. Bhawani Singh Meena S/o Shri Laxman Singh Meena, R/o Sikaroli, Post- Amavara, Tehsil- Bamanwas, District Sawaimadhopur, Present resident of Plot No.13, Arjun Nagar (South), Near Arjun Nagar, Gopalpura Bypass, Police Station- Mahesh Nagar, Jaipur. (Driver of the vehicle Car No.RJ-14-CJ-0427) 2. Dr. Murarilal Meena S/o Shri Harinarayan Meena, R/o Gram Kakarwada, Tehsil- Roopawas, District- Bharatpur, At present R/o Plot No.13, Arjun Nagar (South), near Arjun Nagar, Gopalpura Bypass, Police Station, Mahesh Nagar, Jaipur. (Owner of the vehicle and Insured Car No.RJ-14-CJ- 0427) 3. Oriental Insurance Company Ltd. through Regional Manager, Regional Office, Second Floor, Anand Bhawan Sansar Chandra Road, Police Station- Vidhayakpuri, Jaipur (Insurance Company Vehicle Car No. RJ-14-CJ-0427) ----Respondents For Appellant(s) : Mr. Bhanu Prakash Verma For Respondent(s) : Mr. Pratap Singh Arya HON'BLE MR. JUSTICE GANESH RAM MEENA Order 11/07/2025 1. The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter is to be referred to as ‘the Act of 1988’) has been filed by the appellant/claimant for enhancement of the compensation amount which has been awarded by the Motor Accident Claims Tribunal No.1, Jaipur [2025:RJ-JP:25761] (2 of 3) [CMA-2092/2018] Metropolitan Jaipur (for short ‘the learned Tribunal’) vide its judgment and award dated 20.01.2018 in Case No.743/13. 2. At the very outset, the learned counsel appearing for the respondent No.3- The Oriental Insurance Company Ltd., which has been held to be liable for paying the compensation amount, on the instructions from the Company proposed to pay the additional amount of Rs.1,86,271/- with interest at the rate of 6% per annum. 3. Learned counsel appearing for the appellant/claimant agrees to the proposal made by learned counsel for the respondent No.3- The Oriental Insurance Company Ltd. 4. Having regard to the proposal made by learned counsel for the respondent No.3- The Oriental India Insurance Company Ltd. and the agreement to the said proposal by the learned counsel for the appellant/claimant, the present civil misc. appeal deserves to be disposed of in terms of the amicable settlement that is the proposal and acceptance by the learned counsels for the parties. 5. In view of the above, the present civil misc. appeal is disposed of as under: (A) The total compensation amount as awarded by the learned Tribunal is enhanced with the additional amount of Rs.1,86,271/- with interest at the rate of 6% per annum as per terms of original award. (B) On depositing of the enhanced amount with interest, the total 50% of the enhanced amount with interest shall be kept in the FDR in the name of the appellant/claimant for a [2025:RJ-JP:25761] (3 of 3) [CMA-2092/2018] period of three years and remaining 50% of the enhanced amount with interest may be disbursed to the appellant/claimant. 6. Record of the learned Tribunal be sent back. (GANESH RAM MEENA),J ARTI SHARMA /84