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2025 DAILYLAW 32633 (RAJ)

SHASHI W/O LATE SHRI DALCHAND v. DULICHAND S/O PRABHUDAYAL

CMA/4697/2024 · 2025-07-29

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:28684] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4697/2024 1. Shashi W/o Late Shri Dalchand, Aged About 38 Years, (Wife Of Deceased) 2. Parth S/o Shri Dalchand, Aged About 75 Years, (Son Of Deceased) 3. Suresh Chand S/o Girraj Prasad, Aged About 75 Years, (Father Of Deceased) 4. Sharda W/o Suresh Chand, Aged About 73 Years, (Mother Of Deceased) R/o Hathi Darwaza, Bada Bazar, Govardhan Distt. Mathura, (U.P.) At Present R/o 93 Scheme No. 01, Alwar, Raj. Minor Applicant No. 2 Through Along With Guardian Mother Shashi. ----Appellants-Claimants Versus 1. Dulichand S/o Prabhudayal, R/o - Toli Ka Kua Rangbhario Ki Gali, Police Station Kotwali, Distt. Alwar, Raj. (Driver Of Vehicle No. Rj-02-Cc-8803). 2. Amit Kumar S/o Shivcharan, R/o Purani Basti Daudpur, Police Station N.e.b. Distt. Alwar, Raj. (Owner Of Vehicle No. Rj-02-Cc-8303) 3. IFCO TOKIO General Insurance Company Ltd., 8 Katewa Bhawan, Opposite Ganpati Plaza, M.i. Road, Jaipur, Raj. Through Manager (Insurance Company Vehicle No. Rj- 02Cc-8303). ----Respondents-Non-Claimants For Appellant(s) : Mr. Ram Sharan Sharma For Respondent(s) : Mr. Chanderdeep Singh Jodha HON'BLE MR. JUSTICE GANESH RAM MEENA Order 29/07/2025 1. The present civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter is to be referred to as ‘the [2025:RJ-JP:28684] (2 of 3) [CMA-4697/2024] Act of 1988’) has been filed by the appellants/claimants for enhancement of the compensation amount which has been awarded by the Motor Accident Claims Tribunal Alwar (Raj.) (for short ‘the learned Tribunal’) vide its judgment and award dated 09.07.2024 in Claim Petition No.421/2019 (C.I.S. No.421/2019). 2. On the claim petition filed by the appellants/claimants, the learned Tribunal granted compensation to the tune of Rs.25,90,000/-. 3. The appellants/claimants and the respondent No.3 IFCO TOKIO 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.3,20,000/- 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 by depositing the same before the learned Tribunal concerned within a period of six weeks from the date of passing the order on the basis of compromise and the same 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 order, 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. [2025:RJ-JP:28684] (3 of 3) [CMA-4697/2024] 5. The respondent No.3- Insurance Company shall pay an additional sum of Rs.3,20,000/- 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 09.07.2024. 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 of as above. (GANESH RAM MEENA),J ARTI SHARMA /153