SMT. REKHA DEVI W/O LATE SHRI RAJENDRA SINGH DEWADA v. HANUMAN PRASAD S/O SHRI KANHAIYALAL
CMA/4174/2018 · 2025-07-11
Ganesh Ram Meena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29393 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29393 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:25654] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4174/2018
1. Smt. Rekha Devi W/o Late Shri Rajendra Singh Dewada, Aged About 39 Years, R/o Nayi Basti, Madaarpura, Tehsil And District Ajmer (Raj.)
2. Master Anil Singh Dewada S/o Late Shri Rajendra Singh Dewada, Aged About 17 Years, R/o Nayi Basti, Madaarpura, Tehsil And District Ajmer (Raj.)
3. Master Abhishek Dewada S/o Late Shri Rajendra Singh Dewada, Aged About 15 Years, Minors Appellant No. 2 And 3 Are Being Represented Through Mother And Natural Guardian Appeallant No. 1, R/o Nayi Basti, Madaarpura, Tehsil And District Ajmer (Raj.) ----Appellants/Claimants Versus
1. Hanuman Prasad S/o Shri Kanhaiyalal, Aged About 35 Years, R/o Village Pharkiya, P.s., Srinagar, Distt. Ajmer. (Driver Of Mini Truck No. Rj-01-Gb-8480)
2. Vineet Chandak S/o Shri Natwarlal Chandal, Aged About 32 Years, R/o M-12, Aanasagar Link Road, Ajmer. (Registered Vehicle Owner)
3. I.C.I.C.I. Lombard General Insurance Company Limited, Through Manager, Local Divisional Office, Shop No. 75,76 And 77, K.C. Complex, Opposite Daulat Bagh, Ajmer (Raj.) ----Non-Claimants/Respondents For Appellant(s) : Mr. Akshat Chaudhary For Respondent(s) : Mr. Prijwal Kumar on behalf of Mr. Virendra Agarwal HON'BLE MR. JUSTICE GANESH RAM MEENA Order 11/07/2025
1. The present civil misc. appeal has been filed by the appellants/claimants under Section 173 of the Motor Vehicles Act,
[2025:RJ-JP:25654] (2 of 3) [CMA-4174/2018] 1988 (in short ‘the Act of 1988’) claiming for enhancement of the compensation amount which has been awarded by the Motor Accident Claims Tribunal, Ajmer (Raj.) (for short, 'the learned Tribunal') vide its judgment and award dated 14.06.2018. 2. On the claim petition filed by the appellants/claimants, the learned Tribunal granted compensation to the tune of Rs.22,62,950/-. 3. The appellants/claimants and the respondent No.3 I.C.I.C.I. Lombard General Insurance Company Ltd. have come to an amicable settlement and a written compromise has been executed by them. As per the written compromise, which has been placed on record, it is agreed that a lump-sum amount to the tune of Rs.4,50,000/- in addition to the amount already paid by the Insurance Company, shall be paid to the appellants/claimants by the respondent No.3- Insurance Company within a period of two months from the date of passing the order on the basis of compromise.
It is also agreed that in case the respondent No.3- Insurance Company fails to pay the agreed amount within the above given time, the appellants/claimants shall be entitled for interest at the rate of 6% per annum thereafter till actual payment. 4. Having regard to the agreement arrived at between the parties, the present appeal is disposed of in the terms of compromise arrived at between the parties. 5. The respondent No.3- Insurance Company shall pay an additional sum of Rs.4,50,000/- to the appellants/claimants within a period of two months from today, in addition to the amount of
[2025:RJ-JP:25654] (3 of 3) [CMA-4174/2018] compensation awarded by the learned Tribunal vide its award dated 14.06.2018. 6. It is also made clear that in case the aforesaid additional amount is not paid to the appellants/claimants within the time specified, the appellants/claimants shall be entitled for interest at the rate of 6% per annum from today. 7. The appeal stands disposed as above. (GANESH RAM MEENA),J ARTI SHARMA /49