[2025:RJ-JP:6518] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 248/2025 National Insurance Company Ltd., Through Regional Office, Bima Bhawan, 3Rd To 5Th Floor Nbcc Center, Jyoti Nagar, Sahakar Marg, Jaipur(Insurer Vehicle Car No. Rj 29 Ca 6880). ----Appellant Versus 1. Sukhbai W/o Late Jagram, Aged About 60 Years, R/o Vil- lage Post Ajeejpur, Tehsil-Todabhim, District-Gangapur City(Raj.). 2. Sudhir Kumar S/o Late Jagram, Aged About 26 Years, R/o Village Post Ajeejpur, Tehsil-Todabhim, District-Gangapur City(Raj.). 3. Ankit Kumar S/o Late Jagram, Aged About 25 Years, R/o Village Post Ajeejpur, Tehsil-Todabhim, District-Gangapur City(Raj.). 4. Dheeraj Kumar S/o Late Jagram, Aged About 23 Years, R/o Village Post Ajeejpur, Tehsil-Todabhim, District-Gan- gapur City(Raj.). 5. Ghasiram S/o Ramsi, R/o Jagsoli, (Chandera), P.s. Kolva, Tehsil-Basva, District-Dausa (Raj.) (Owner Cum Driver Vehicle Car No. Rj 29 Ca 6880). ----Respondents Connected With S.B. Civil Miscellaneous Appeal No. 5142/2024 1. Sukhbai W/o Late Jagram, Aged About 60 Years, R/o Vil- lage Post Ajijpur, Tehsil Todabhim, District Gangapurcity. 2. Sudheer Kumar S/o Late Shri Jagram, Aged About 26 Years, R/o Village Post Ajijpur, Tehsil Todabhim, District Gangapurcity. 3. Ankit Kumar S/o Late Shri Jagram, Aged About 25 Years, R/o Village Post Ajijpur, Tehsil Todabhim, District Ganga- purcity. 4. Dheeraj Kumar S/o Late Shri Jagram, Aged About 23 Years, R/o Village Post Ajijpur, Tehsil Todabhim, District Gangapurcity. ----Appellants [2025:RJ-JP:6518] (2 of 3) [CMA-248/2025] Versus 1. Ghasiram S/o Ramsi, R/o Jagsoli (Chandera) P.s. Kolwa, Tehsil Baswa District Dausa (Owner And Driver Of Car No. Rj29-Ca-6880). 2. National Insurance Company Ltd., Branch Office, Opp. New Petrol Pump, Near Bank Of Baroda, Agra Road, Dausa (Insurer Car No. Rj29-Ca-6880). ----Respondents For Appellant(s) : Mr. Rajeev Bhushan Bansal For Respondent(s) : Mr. Umashanker Pandey Mr. B.K. Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/02/2025 S.B. Civil Miscellaneous Appeal No. 248/2025:- 1. Instant civil misc. appeal is preferred dissatisfied from award dated 07.11.2024 in Motor Accident Claims Case No. 49/2023 passed by learned MACT (Additional District Judge) No.1, Bandikui, District Dausa, in a petition under Sections 166 and 140 of MV Act filed by claimants for compensation on death of Jagram, in an accident on 03.05.2023. Service upon respondent No.5 is dispensed with at the request of learned counsel for appellant. 2. The Tribunal has awarded a compensation of ₹1,74,67,646/- with interest of 9%. Present appellant has challenged award on excessive determination of compensation whereas claimants have filed appeal for enhancement. 3. Learned counsel for respondents-claimants submits that dispute between Insurance Company and the claimants is deduction of income tax and the total amount of quantum is ₹25 [2025:RJ-JP:6518] (3 of 3) [CMA-248/2025] lacs. He submits that out of total award, ₹25 lacs may be deducted towards payable income tax and for remaining amount, the award may be affirmed and appeal may be disposed of. 4. Learned counsel for appellant-Insurance Company also agreed to aforesaid suggestion and submits that the total difference is only to the tune of ₹25 lacs and on basis of candid admission of counsel for claimants, this appeal may be disposed of. 5. In view of submission and consent of the counsels for the parties, the award dated 07.11.2024 is hereby modified and same is reduced from ₹1,74,67,646/- to ₹1,49,67,646/-. Thus, the award dated 07.11.2024 is modified accordingly, no other interference in award, is prayed. The claimants (respondents No. 1 to 4) are entitled for compensation of ₹1,49,67,646/- with interest as per award. 6. In view of aforesaid, instant appeal is disposed as modification as mentioned hereinabove. 7. Misc. application, if any, stands disposed of. S.B. Civil Miscellaneous Appeal No. 5142/2024:- 1. Instant civil misc. appeal is preferred by the claimants for enhancement and after disposal of CMA No. 248/2025, the instant CMA rendered infructuous and same is dismissed as withdrawn at the request of learned counsel for appellants-claimants. 2. Instant CMA stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /49-50