VINOD KUMAR S/O SHRI HOSIYAR SINGH v. THE NEW INDIA ASSURANCE COMPANY LIMITED
CMA/4577/2019 · 2025-07-08
Ganesh Ram Meena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28649 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28649 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:25157] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4577/2019 Vinod Kumar S/o Shri Hosiyar Singh, Aged About 32 Years, Resident Of Bhodan, Tehsil Buhana, District Jhunjhunu Rajasthan ----Appellant Versus
1. The New India Assurance Company Limited, Through Manager, Jalan Bhawan, Opposite Of Collectorate Sikar, Having Its Regional Office At Iind Floor, Nehru Place, Tonk Road, Jaipur (Raj) (Insurer Of Vehicle Scorpio No. Rj-18- Ua-5037)
2. Rajesh Saini S/o Shri Ramniwas Saini, Resident Of Ward No. 9, Singhana, Tehsil Buhana, District Jhunjhunu Raj. (Owner/driver Of Vehicle Scorpio No. Rj-18-Ua-5037) ----Respondents For Appellant(s) : Mr. Bhanu Prakash Verma For Respondent(s) : Mr. Sanjay Kumar Singhal HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 08/07/2025
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 Motor Accident Claims Tribunal (Additional District Judge), Khetri, District Jhunjhunu (Raj.) (for short ‘the learned Tribunal’) vide its judgment and award dated 26.02.2019 in Civil Misc. Case (Claim) No.114/2013.
2. At the very outset, the learned counsel appearing for the respondent No.1- The New India Assurance Company Ltd.,
[2025:RJ-JP:25157] (2 of 3) [CMA-4577/2019] 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.1,74,040/- as the enhanced amount
3.
Learned counsel appearing for the appellant/claimant agrees to the proposal made by learned counsel for the respondent No.1- The New India Assurance Company Ltd.
4. Having regard to the proposal made by learned counsel for the respondent No.1- The New India Assurance 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.1,74,040/-. (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 appellant/claimant for a period of three years and remaining 50% of the enhanced amount with interest may be disbursed to the appellant/claimant.
[2025:RJ-JP:25157] (3 of 3) [CMA-4577/2019]
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 /79