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2025 DAILYLAW 26559 (RAJ)

KUSUMLATA JAIN W/O LATE SHRI MURARILAL JAIN v. SHAFI MOHAMMAD S/O NAZEER KHAN

CMA/1994/2021 · 2025-07-17

Ganesh Ram Meena

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:26856] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1994/2021 Kusumlata Jain W/o Late Shri Murarilal Jain, Aged About 52 Years, R/o B-411, Ahinsa Marg, Panchsheel Nagar, Makarwali Road, Ajmer. ----Appellant/Claimant Versus 1. Shafi Mohammad S/o Nazeer Khan, R/o Masjid Wali Gali, Lohakhan Nai Basti, Ajmer (Driver-Micra Car No. Rj 01- Ta-3382) 2. Smt. Deepali Gaur W/o Kishan Singh, R/o House No. 304, B K Kail Nagar, Foysagar Road, Ajmer (Owner Micra Car No. Rj 01-Ta-3382) 3. The United India Insurance Co. Ltd., Through Branch Manager, Opposite Sbbj,near Post Office, Old Industrial Area, Parbatpura, Ajmer, (Insurance Company Micra Car No. Rj 01-Ta-3382) …..Respondents/Non-Claimants 4. Reena Jain D/o Late Shri Murarilal Jain, Aged About 30 Years, R/o B-411, Ahinsa Marg, Panchsheel Nagar, Makarwali Road, Ajmer. 5. Manish Jain S/o Late Shri Murarilal Jain, Aged About 28 Years, R/o B-411, Ahinsa Marg, Panchsheel Nagar, Makarwali Road, Ajmer. ----Proforma-Respondents/Claimants For Appellant(s) : Mr. Reashm Bhargava For Respondent(s) : Ms. Archana Mantri HON'BLE MR. JUSTICE GANESH RAM MEENA Order 17/07/2025 1. The present civil misc. appeal has been filed by the appellant/claimant for enhancement of the compensation amount which has been awarded by the Judge, Motor Accident Claims [2025:RJ-JP:26856] (2 of 3) [CMA-1994/2021] Tribunal Ajmer (Raj.) (for short ‘the learned Tribunal’) vide its judgment and award dated 15.07.2021 in M.A.C. Case No.258/2019. 2. At the very outset, the learned counsel appearing for the respondent No.3- The New India Insurance Company Ltd., which has been held to be liable for paying the compensation amount severally and jointly, on the instructions from the company proposed to pay the additional amount of Rs.5,34,354/- as the enhanced amount. 3. Learned counsel appearing for the appellant/claimant agrees to the proposal made by learned counsel for the respondent No.3- The New India Insurance Company Ltd. 4. Having regard to the proposal made by learned counsel for the respondent No.3- The New 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.5,34,354/-. (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. [2025:RJ-JP:26856] (3 of 3) [CMA-1994/2021] (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 appellant/claimant for a period of three years and remaining 50% of the enhanced amount with interest may be disbursed to the appellant/claimant. 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 /64