[2025:RJ-JP:17954] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3099/2009 Bahadur Singh Mitharwal S/o Shri Jai Singh, aged about 32 years, R/o 293/2, Pratap Lines, Jaipur Cant, Jaipur and present permanent address- Village Khirod, Tehsil Nawal Garh, District Jhunjhunu (Raj.) ----Appellant Versus 1. Manjeet S/o Chanderbhan, R/o Durbaldhan Manjat, P.S. Beri, Bhabhar (Haryana) through M/s Jaikishan Feeling Station, V.P. Chainsa, Tehsil Ballabhgarh, District Faridabad. (Name deleted subsequently). (Driver of tanker No. HR 38 BG 6549) 2. M/s Jai Kishan Filling Station, V.P. Chainsa, Tehsil Ballabhgarh, District Faridabad. (Owner of tanker No. HR 38 BG 6549) 3. National Insurance Co. Ltd. through Regional Office- Near Ambedkar Circle, Jaipur. (Insurance Co. of tanker No. HR 38 BG 6549) ----Respondents For Appellant(s) : Mr. K.N. Tiwari For Respondent(s) : Mr. Rahul Joshi HON'BLE MR. JUSTICE MANEESH SHARMA Order 29/04/2025 MANEESH SHARMA, J (ORAL): 1. The instant appeal has been filed under Section 173 of Motor Vehicles Act, 1988 on behalf of the appellant against award dated 26.03.2009 passed by learned Additional District Judge (Fast Track) No.7 and MACT Court, Jaipur City, Jaipur in case No.61/2006 (1249/04) whereby a sum of Rs.1,88,400/- has been awarded to the claimant. [2025:RJ-JP:17954] (2 of 3) [CMA-3099/2009] 2. Brief facts of the case are that on 09.01.2002, the appellant was employed as soldier with Indian Army and was travelling from Jaisalmer to Jaipur on official duty in Military Truck and on the way to Jaipur, the Military Truck was parked in front of a Dhaba near Village Saradhana, District Ajmer where the driver and other occupants were having tea. It was submitted that the appellant was having tea while sitting in the Military Truck, suddenly, a tanker No. HR 38 BG-6549 being driven in a rash and negligent manner went off the road and hit the Military Truck. As a result of this accident, the appellant sustained grievous injuries including fracture in his right leg, therefore, the appellant filed a claim petition for awarding compensation and the learned MACT Court awarded a compensation of Rs.1,88,400/- along with @ 6% interest from 24.07.2004 to the actual payment. 3. Being aggrieved of the said award, the present appeal has been filed for enhancement of the said appeal. The contention of learned counsel for the appellant is that the learned MACT Court erred in awarding lessor amount and as per the material available on record as well as on the basis of the judgment passed by Hon'ble Supreme Court in the matter of National Insurance Co. Ltd. vs. Pranay Sethi decided on 31.10.2017 compensation amount deserves to be enhanced. 4. Per contra, learned counsel for the respondent No.3- Insurance Company though supported the impugned order and fairly concedes that in view of the judgment passed in National Insurance Co. Ltd. (Supra), the compensation is required to be enhanced to some extent. [2025:RJ-JP:17954] (3 of 3) [CMA-3099/2009] 5. During the course of argument, learned counsel for both the parties jointly submits that they will be satisfied if the claim amount is further enhanced with a tune of Rs.70,000/-. 6. Heard learned counsel for the parties. 7. In view of the agreement arrived at between the parties, the present appeal is partly allowed and compensation awarded on 26.03.2009 by the learned MACT Court is directed to enhance with a tune of Rs.70,000/- in lump sum. It is clarified that aforesaid enhancement Rs.70,000/- is in addition to the sum already awarded Rs.1,88,400/- under the impugned order. 8. It is further directed that the Insurance Company will deposit the enhanced amount before the concerned MACT Court within 60 days from today failing which the Insurance Company is liable to pay the interest amount @ 6% p.a. in terms of the impugned award. 9. Accordingly, the present appeal is partly allowed and the impugned award is modified to the extent mentioned hereinabove. (MANEESH SHARMA),J DEEPA RANI -42