FORANTA DEVI W/O LATE KEDAR GURJAR v. SAMAY SINGH S/O GIRRAJ PRASAD
CMA/4350/2024 · 2025-05-13
Ganesh Ram Meena
body2025
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[ 2025 DAILYLAW 31965 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 31965 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:20042] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4350/2024
1. Foranta Devi W/o Late Kedar Gurjar, Aged About 32 Years, (Deceased Wife) R/o Divakar, Tehsil-Beharavnda, District-Dausa, At Present R/o Care Of Santosh Devi Near Chatero Ka Makaan, Gupteshwar Road, Dausa, Police Station-Kotwali, Dausa, Tehsil And District-Dausa, Rajasthan. 2. Payal Gurjar D/o Late Kedar Gurjar, Aged About 13 Years, (Deceased Daughter) Minor Through Natural Guardian And Mother Foranta Devi W/o Late Kedar Gurjar, Age-32 Years, R/o Divakar, Tehsil-Beharavnda, District-Dausa, At Present R/o Care Of Santosh Devi Near Chatero Ka Makaan, Gupteshwar Road, Dausa, Police Station-Kotwali, Dausa, Tehsil And District-Dausa, Rajasthan. 3. Guddi Gurjar D/o Late Kedar Gurjar, Aged About 10 Years, (Deceased Daughter ) Minor Through Natural Guardian And Mother Foranta Devi W/o Late Kedar Gurjar, Age-32 Years, R/o Divakar, Tehsil-Beharavnda, District-Dausa, At Present R/o Care Of Santosh Devi Near Chatero Ka Makaan, Gupteshwar Road, Dausa, Police Station-Kotwali, Dausa, Tehsil And District-Dausa, Rajasthan. 4. Mohit Gurjar S/o Late Kedar Gurjar, Aged About 8 Years, (Deceased Son) Minor Through Natural Guardian And Mother Foranta Devi W/o Late Kedar Gurjar, Age-32 Years, R/o Divakar, Tehsil-Beharavnda, District-Dausa, At Present R/o Care Of Santosh Devi Near Chatero Ka Makaan, Gupteshwar Road, Dausa, Police Station-Kotwali, Dausa, Tehsil And District-Dausa, Rajasthan. 5. Latoor @ Latoormal Gurjar S/o Shravan Lal Gurjar, Aged About 76 Years, (Deceased Father) R/o Divakar, Tehsil- Beharavnda, District-Dausa, At Present R/o Care Of Santosh Devi Near Chatero Ka Makaan, Gupteshwar Road, Dausa, Police Station-Kotwali, Dausa, Tehsil And District-Dausa, Rajasthan. 6. Mishri Devi W/o Latoormal Gurjar, Aged About 66 Years, (Deceased Mother) R/o Divakar, Tehsil-Beharavnda, District-Dausa, At Present R/o Care Of Santosh Devi Near Chatero Ka Makaan, Gupteshwar Road, Dausa, Police Station-Kotwali, Dausa, Tehsil And District-Dausa,
[2025:RJ-JP:20042] (2 of 3) [CMA-4350/2024] Rajasthan. ----Appellants Versus
1. Samay Singh S/o Girraj Prasad, R/o Village-Torda, Police Station-Sikandra,
Tehsil-Sikandra,
District-Dausa, Rajasthan.(Driver Of Alto Car No. Rj-14-Yc-7896). 2. Surya Prakash S/o Jagdish Prasad Maheshwari, R/o Plot No. 07 Roop Nagar I, Near Mahesh Nagar, Jaipur, District- Jaipur, Rajasthan. (Owner Of Alto Car No. Rj-14-Yc-7896). 3. Chola Mandalam M S General Insurance Company Limited, Through Branch Manager, Branch Office, 2Nd Floor, E-52 Chitranjan Marg, C-Scheme, Jaipur, Rajasthan. 302001 (Insurance Company). ----Respondents For Appellant(s) : Mr. Ritesh Jain, alongwith Mr. Ramdeo Arya & Ms. Poonam Mishra For Respondent(s) : Mr. C.S. Jodha HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/05/2025
1.
The present appeal has been preferred by the claimants/appellants for enhancement of compensation amount which was awarded by the Motor Accident Claims Tribunal (for short, 'the Tribunal') vide judgment dated 25.07.2024 in claim petition No. 134/23. 2. A written compromise has been submitted on record signed with the counsel for the appellants as well as the counsel for the respondent-insurance company. 3. As per the compromise, the respondent-insurance company has agreed to pay additional compensation of Rs.2,50,000/- in
[2025:RJ-JP:20042] (3 of 3) [CMA-4350/2024] lump-sum (including interest) to be deposited within a period of six weeks before the Tribunal and the said proposal has been accepted by the appellants. 4. In view of the compromise between the appellants and the respondent-insurance company, the present appeal is disposed of in terms of the compromise and the judgment dated 25.07.2024 passed by the Tribunal is modified as under:-
"The respondent-insurance company shall pay an additional amount of Rs.2,50,000/- to the claimants/appellants which they shall deposit with the Tribunal within a period of six weeks from today. In case the insurance company fails to deposit the aforesaid amount within the agreed period, the claimants shall be entitled for interest on the additional amount in terms of the original award."
5. The appeal stands disposed. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /130