[2025:RJ-JP:18523] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3998/2023 1. Kishanlal S/o Shri Gigraj, Aged About 59 Years, R/o Ward No. 19, Loharu Road Ke Paas, Surajgarh, Tehsil Surajgarh, District Jhunjhunu (Raj.) 2. Smt. Sarbati Devi W/o Shri Kishanlal, Aged About 56 Years, R/o Ward No. 19, Loharu Road Ke Paas, Surajgarh, Tehsil Surajgarh, District Jhunjhunu (Raj.) ----Appellants-Claimants Versus 1. Sumitra Devi W/o Shri Dharmveer Dangi, R/o Ojtu, At Present Ward No. 26, Chirawa, Tehsil Chirawa, District Jhunjhunu (Driver And Owner Of Vehicle Scooty No. Rj- 18-Sq-3749) 2. United India Insurance Company, Registered Office 24, White House Road, Channai Through Branch Manager, Railway Office Piru Singh Circle, Railway Station Ke Pass, Jhunjhunu (Insurance Company Vehicle Scooty No. Rj-18- Sq-3749) ----Respondents-Non-claimants For Appellant(s) : Mr. Hem Singh For Respondent(s) : Mr. Rishipal Agarwal HON'BLE MR. JUSTICE GANESH RAM MEENA Order 02/05/2025 1. An application bearing No.2/2025 has been filed by the applicants under Section 5 of the Limitation Act for condonation of delay of in filing the application. 2. In view of the submissions made by learned counsel for the appellants and for the reasons mentioned in the application bearing No.2/2025 filed under Section 5 of the Limitation Act for [2025:RJ-JP:18523] (2 of 3) [CMA-3998/2023] condonation of delay, same is allowed and the delay in filing the application is condoned. 3. Application (IA No.1/2025) has been filed by the applicants under Order 22 Rule 3 CPC for taking the legal representatives of deceased-appellant No.1- Kishanlal S/o Gigraj on record. 4. Learned counsel for the applicants submits that the appellant/claimant No.1- Kishanlal S/o Gigraj has expired on 20.09.2024 leaving behind his legal heirs as mentioned in para 2 of the application (IA No.1/2025). 5. Taking into consideration the submission made by learned counsel for the applicants/appellants and for the reasons mentioned in the application (IA No.1/2025), same is allowed and the legal representatives of deceased-appellant No.1- Kishanlal S/o Gigraj as mentioned in para 2 of the said application are taken on record. The amended cause-title filed alongwith the application is also taken on record. 6. The present civil misc. appeal has been filed by the appellants/claimants for enhancement of the compensation, which has been awarded by Court of Motor Accident Claims Tribunal and Additional District & Sessions Judge, Chidawa, District Jhunjhunu Rajasthan vide judgment dated 29.08.2023 in MACT Case No.68/2017. 7. From the very outset, learned counsel for appearing for the respondent No.2-Insurance Company on instructions of the Company has proposed to the appellants for enhancement of the additional compensation amount to the tune of Rs.2,00,000/-, including the interest. [2025:RJ-JP:18523] (3 of 3) [CMA-3998/2023] 8. Learned counsel for the appellants/claimants on instruction of the appellants/claimants accepts the proposal given by the Insurance Company. 9. In view of the proposal and acceptance as stated above, the present civil misc. appeal is disposed of as under: A. The amount of compensation as awarded vide judgment dated 29.08.2023 is modified to the extent that the appellants/claimants shall be entitled for an additional amount of Rs.2,00,000/- without any interest. 10. It is made clear that in case, the enhanced additional amount of Rs.2,00,000/- is not paid by the respondent No.2- Insurance Company to the appellants/claimants within two months, the appellants/claimants shall be entitled for the interest on this additional enhanced amount, as per the terms and conditions of the original amount. 11. Accordingly, the present civil misc. appeal is disposed of. (GANESH RAM MEENA),J ARTI SHARMA /38