[2025:RJ-JP:20138] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5112/2018 1. Smt. Kamla W/o Ramavtar, Aged About 30 Years, R/o Gram Banetha Tehsil Uniyara District Tonk (Raj) 2. Ramavtar S/o Mangilal, R/o Gram Banetha Tehsil Uniyara District Tonk (Raj) ----Claimants/Appellants Versus 1. Meethalal S/o Hariram, R/o Himmatpura Thana Mantown District Sawai Madhopur (Raj) 2. H.p.a. With To Worth Capital Service Limited Jaipur Through Bhupendra Kumar S/o Umrao Singh Sharma, R/o 116 Ab Rajnagar Colony Sawai Madhopur (Raj) 3. M/s Prem Kumar And Company, En-97 Industrial Area Kherda Sawai Madhopur (Raj) 4. National Insurance Company Limited, Branch Office Hari Kripa 94 B Jawahar Nagar Jaipur Through Regional Office Indira Colony Sawai Madhopur (Raj) ----Respondents For Appellant(s) : Mr. Bhanu Prakash Verma For Respondent(s) : Ms. Archana Mantri HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/05/2025 1. Instant civil misc. appeal has been filed by the claimants/appellants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter is to be referred to as ‘the Act of 1988’) with a prayer to enhance the compensation amount as awarded by the Court of learned Additional District Judge, Tonk (Raj.) (Motor Accident Claims Tribunal, Tonk) (in short ‘the Claims Tribunal’) vide its judgment dated 03.07.2018 in Motor Accident Claim [2025:RJ-JP:20138] (2 of 3) [CMA-5112/2018] Tribunal Case No.41/2015 (143/2005). The Claims Tribunal vide its judgment dated 03.07.2018 has awarded the total compensation amount as Rs.2,00,000/- to the claimants/appellants. 2. At the very outset, the learned counsel for the respondent No.4-Insurance Company respecting the view of the Hon'ble Apex Court in case of Kishan Gopal & Anr. Vs. Lala & Ors. passed in Civil Appeal No.7137/2013, decided on 26.08.2013 and on instruction from the Insurance Company submits a proposal for enhancement of the total compensation amount to the tune of Rs.5,00,000/-. 3. Learned counsel appearing for the claimants/appellants on instruction from the claimants/appellants agrees to the said proposal submitted by the learned counsel for the respondent No.4 -Insurance Company. 4. In view of the proposal given by the respondent No.4- Insurance Company and the agreement to the proposal by the learned counsel for the claimants/appellants, the present appeal is disposed of as under:- The judgment dated 03.07.2018 passed by the Claims Tribunal with regard to Motor Accident Claim Tribunal Case No.41/2015 (143/2005) is modified and the compensation amount as awarded Rs.2,00,000/- is enhanced to Rs.5,00,000/-. The claimants/appellants shall be entitled for compensation to the tune of Rs.5,00,000/- and the other terms and conditions shall remain same as per the judgment/award dated 03.07.2018 passed by the Claims Tribunal. [2025:RJ-JP:20138] (3 of 3) [CMA-5112/2018] 5. Accordingly, the present civil misc. appeal is disposed of as above. 6. Record of the Claims Tribunal be sent back. (GANESH RAM MEENA),J ARTI SHARMA /73