[2025:RJ-JP:21409] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 258/2010 1. Smt Rajkumari Lohiya wife of late Shri Rajendra Lohiya, aged about 38 years. 2. Vaibhav Lohiya S/o Late Shri Rajendra Lohiya, Aged 16 Years. 3. Kumari Sonali Lohiya D/o late Shri Rajendra Lohiya, Aged 12 years, Claimant 3(minor) through their mother and natural guardian Smt. Rajkumari Lohiya W/o Late Shri Rajendra Lohiya, all residents of Jodhpur, at present residents of Anand Bhawan, Adarsh Colony, Jaipur Road, Kekri, District Ajmer. ----Claimants-Appellants Versus 1. Ashok Soni S/o Shri Ram Das Soni, aged about 40 yers, R/o House No.K-39, Vaishali Nagar, Ajmer, Police Station Christianganj, Ajmer, And Ashok Soni C/o Shri Chain Singh, Resident of Behind Police Chowki, Bhankrota, Police station Bagru, District Jaipur (Raj.) (Driver of Vehicle No.RJ14-GA- 2077). 2. Shri Ganesh Singh S/o Shri Chhotu Singh, aged 32 years, R/o House No.B-21A Jagdamba Nagar, Behind Heerapura power House, Ajmer Road, Jaipur, Police Station Vaishali Nagar, Jaipur, (Owner of Vehicle No.RJ14-GA-2077) 3. The New India Insurance Company Ltd., Jaipur, Local Branch Divisional Office, Prithviraj Marg, Khailand Marked, Ajmer. (Insurer of Vehicle No.RJ14-GA-2077) 4. Shri Kishan Lal Lohiya S/o Shri Jamna Das Lohiya, aged 75 years, R/o G-22, Shastri Nagar, Jodhpur (Raj.) ----Respondents For Appellant(s) : Mr. R.K. Daga with Mr. Rahul Singh Chauhan For Respondent(s) : Mr. Rishipal Agarwal for respondent No.3 HON'BLE MR. JUSTICE GANESH RAM MEENA Order 21/05/2025 [2025:RJ-JP:21409] (2 of 3) [CMA-258/2010] 1. Instant civil misc. appeal has been filed by the claimants/appellants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter is to be referred to as ‘the Act of 1988’) with a prayer to enhance the compensation amount as awarded by the Judge of Motor Accident Claims Tribunal, Kekri (Ajmer) (in short ‘the Claims Tribunal’) vide its judgment dated 06.11.2008 in Motor Accident Claim No.118/2006. The Claims Tribunal vide its judgment dated 06.11.2008 has awarded the total compensation amount as Rs.10,75,000/- to the claimants/appellants, including to respondent No.4- Shri Kishan Lal Lohiya. 2. At the very outset, the learned counsel for the respondent No.3-Insurance Company on instruction from the Insurance Company submits a proposal for enhancement of compensation amount to the tune of Rs.4,90,631/- to be given separately to each of the claimants/appellants. 3. Learned counsel appearing for the claimants/appellants on instruction from the claimants/appellants agrees to the said proposal submitted by the learned counsel appearing for the respondent No.3 -The New Insurance Company. 4. In view of the proposal given by the respondent No.3- Insurance Company and the agreement to the proposal by the learned counsel for the claimants/appellants, the present appeal is disposed of as under: A. The judgment dated 06.11.2008 passed by the Claims Tribunal with regard to Motor Accident Claim No.118/2006 is modified by enhancing the amount of compensation awarded by the Claims Tribunal with an additional amount of Rs.4,90,631/-. The interest of this additional enhanced amount shall also be [2025:RJ-JP:21409] (3 of 3) [CMA-258/2010] payable to the claimants/appellants by treating it to be an amount of the original award, as per the terms and conditions of the award passed by the Claims Tribunal. B. The additional enhanced amount shall be distributed amongst all the claimants/appellants in the same ratio as the original claim amount has been distributed. C. The amount which has already been paid, shall be liable to be deducted. 5. Accordingly, the present civil misc. appeal is disposed of as above. 6. Record of the Claims Tribunal be sent back. (GANESH RAM MEENA),J ARTI SHARMA /80