SMT. NEHA KEJARIWAL W/O LATE SHRI ROHIT KEJARIWAL v. ANANDA RAM S/O KUMBHA RAM
CMA/2639/2020 · 2025-07-08
Ganesh Ram Meena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23893 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23893 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:25216] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2639/2020
1. Smt. Neha Kejariwal W/o Late Shri Rohit Kejariwal, Aged About 35 Years, R/o Bundelkhadi, Nageena, In Boot House Gali, Near Ganga Mandir, Mirjapur (U.p.) Presently R/o Plot No. 21, Balaji Vihar-15, Murlipura Vistaar, Thana Murlipura, Jaipur.
2. Kumari Diksha D/o Late Shri Rohit Kejariwal, Aged About 8 Years, Minor Through Her Natural Guardian/mother Smt. Neha Kejariwal. R/o Bundelkhadi, Nageena, In Boot House Gali, Near Ganga Mandir, Mirjapur (U.p.) Presently R/o Plot No. 21, Balaji Vihar-15, Murlipura Vistaar, Thana Murlipura, Jaipur.
3. Om Kejariwal S/o Late Shri Rohit Kejariwal, Aged About 2 Years, Minor Through His Natural Guardian/mother Smt. Neha Kejariwal. R/o Bundelkhadi, Nageena, In Boot House Gali, Near Ganga Mandir, Mirjapur (U.p.) Presently R/o Plot No. 21, Balaji Vihar-15, Murlipura Vistaar, Thana Murlipura, Jaipur. ----Appellants/Claimants Versus
1. Ananda Ram S/o Kumbha Ram, R/o Narayan Nagar, Dhadhaniya, Bhayla, Tehsil Shergarh Thana Baalesar, Distt. Jodhpur. (Raj.) (Driver And Owner Of Truck No. Rj- 19-Ga-4898)
2. The New India Insurance Company Limited, Through Sr. Divisional Manager, Tonk Road, Jaipur. (Insurer Truck No. Rj-19-Ga-4898) …...Respondents-Non-Claimants No.1 & 2
3. Ramgopal Kejariwal S/o Purushottam Kejariwal, R/o Plot No. 21, Balaji Vihar-15, Murlipura Vistaar, Thana Murlipura, Jaipur. (Performa-Defendant Father deceased Rohit Kejariwal)
4. Smt. Laxmi W/o Ramgopal Kejariwal, R/o Plot No. 21, Balaji Vihar-15, Murlipura Vistaar, Thana Murlipura, Jaipur. (Performa-Defendant Mother Deceased Rohit Kejariwal) ----Respondents Performa-Claimants
[2025:RJ-JP:25216] (2 of 3) [CMA-2639/2020] For Appellant(s) : Mr. Ram Sharan Sharma For Respondent(s) : Mr. Rajeev Bhushan Bansal HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 08/07/2025
1. The present civil misc. appeal has been filed by the appellants/claimants for enhancement of the compensation amount which has been awarded by the Motor Accident Claims Tribunal (Special Court, Communal Riots Cases), Jaipur Metropolitan, Jaipur (for short ‘the learned Tribunal’) vide its
judgment and award dated 11.08.2020 in M.A.C. Case No.184/2018 (CIS No.182/2018).
2. At the very outset, the learned counsel appearing for the respondent No.2- The New India 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.1,75,000/- as the enhanced amount
3.
Learned counsel appearing for the appellants/claimants agrees to the proposal made by learned counsel for the respondent No.2- The New India Insurance Company Ltd.
4. Having regard to the proposal made by learned counsel for the respondent No.2- The New India Insurance Company Ltd. and the agreement to the said proposal by the learned counsel for the appellants/claimants, 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.
[2025:RJ-JP:25216] (3 of 3) [CMA-2639/2020]
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.1,75,000/-. (B) The interest on the enhanced amount shall be payable as per the terms and conditions of the judgment and award passed by the learned Tribunal, who has awarded the amount of compensation. (C) 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 appellants/claimants for a period of three years and remaining 50% of the enhanced amount with interest may be disbursed to the appellants/claimants.
6. All other pending application(s), if any, also stand
disposed of.
7. Record of the learned Tribunal be sent back.
(GANESH RAM MEENA),J ARTI SHARMA /84