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2025 DAILYLAW 32623 (RAJ)

VIMLA DEVI W/O SURAJMAL v. RAMESHWAR S/O ISHWARLAL

CMA/4662/2024 · 2025-07-15

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:26311] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4662/2024 1. Vimla Devi W/o Surajmal, Aged About 64 Years, R/o Indrapura Colony, Deoli Ganv, Tehsil Deoli, District Tonk 2. Mukesh S/o Surajmal, Aged About 21 Years, R/o Indrapura Colony, Deoli Ganv, Tehsil Deoli, District Tonk ----Appellants Versus 1. Rameshwar S/o Ishwarlal, R/o Deoli Ganv, Tehsil Deoli, District Tonk (Vehicle Driver Tractor No. Rj-26-Rb-6333) 2. Suresh S/o Lalaram, R/o Indrapura Colony, Deoli Ganv, Tehsil Deoli, District Tonk (Vehicle Owner Tractor No. Rj- 26-Rb-6333) 3. ICICI Lombard General Insurance Co. Ltd., Pl Motors Ke Uper Government Hostel Chauraha, Mi Road, Jaipur ----Respondents For Appellant(s) : Mr. Bhanu Prakash Verma For Respondent(s) : Mr. Chanderdeep Singh Jodha HON'BLE MR. JUSTICE GANESH RAM MEENA Order 15/07/2025 1. The present civil misc. appeal has been filed by the appellants/claimants under Section 173 of the Motor Vehicles Act, 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 31.07.2024. 2. On the claim petition filed by the appellants/claimants, the learned Tribunal granted compensation to the tune of Rs.12,59,224/-. [2025:RJ-JP:26311] (2 of 3) [CMA-4662/2024] 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.50,000/- (Fifty Thousand) (including interest) 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 by depositing the same before the learned Tribunal within a period of six weeks from the date of passing the order on the basis of compromise and the said enhanced amount shall be disbursed to the appellants/claimants through saving bank account. 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 from the date of compromise till payment is made. 4. Having regard to the agreement arrived at between the parties, the present civil misc. 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.50,000/-(Fifty Thousand) to the appellants/claimants within a period of six weeks from today, in addition to the amount of compensation awarded by the learned Tribunal vide its award dated 31.07.2024. 6. It is also made clear that in case the aforesaid additional amount is not paid to the appellants/claimants within [2025:RJ-JP:26311] (3 of 3) [CMA-4662/2024] 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 /46