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2025 DAILYLAW 3484 (RAJ)

MEERA DEVI W/O LATE RAMHARI SAINI v. VIRENDRA S/O BANNARAM

CMA/621/2024 · 2025-03-28

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:14409] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 621/2024 1. Meera Devi W/o Late Ramhari Saini, Aged About 33 Years, R/o Ward No. 16, Sikandra, Tehsil - Sikarai, District - Dausa Rajasthan. At Present R/o Mali Ki Dhani, Jhalra Ka Bas, Dausa, District - Dausa, Rajasthan. 2. Shivani D/o Late Ramhari Saini, Aged About 11 Years, Minor Through Natural Guardian Mother Meera Devi W/o Late Ramhari Saini, R/o Ward No. 16, Sikandra, Tehsil - Sikarai, District - Dausa Rajasthan. At Present R/o Mali Ki Dhani, Jhalra Ka Bas, Dausa, District - Dausa, Rajasthan. 3. Himanshu S/o Late Ramhari Saini, Aged About 10 Years, Minor Through Natural Guardian Mother Meera Devi W/o Late Ramhari Saini, R/o Ward No. 16, Sikandra, Tehsil - Sikarai, District - Dausa Rajasthan. At Present R/o Mali Ki Dhani, Jhalra Ka Bas, Dausa, District - Dausa, Rajasthan. 4. Mahesh S/o Late Ramhari Saini, Aged About 9 Years, Minor Through Natural Guardian Mother Meera Devi W/o Late Ramhari Saini, R/o Ward No. 16, Sikandra, Tehsil - Sikarai, District - Dausa Rajasthan. At Present R/o Mali Ki Dhani, Jhalra Ka Bas, Dausa, District - Dausa, Rajasthan. 5. Paanchi Devi W/o Late Lakshminarayan Saini, Aged About 72 Years, R/o Ward No. 16, Sikandra, Tehsil - Sikarai, District - Dausa Rajasthan. At Present R/o Mali Ki Dhani, Jhalra Ka Bas, Dausa, District - Dausa, Rajasthan. ----Appellants Versus 1. Virendra S/o Bannaram, R/o Village Mudolav, Police Station Kishangarh, District - Ajmer. At Present R/o Fatehram Ka Teeba, Police Station Brahampuri, Jaipur Rajasthan. (Driver Vehicle Trailer No. Rj 42 Ga 1283) 2. Shriram S/o Hazari Lal, R/o Jat Locality Bandarsindri, Kishangarh, District Ajmer, Rajasthan. (Owner Vehicle Trailer No. Rj 42 Ga 1283) 3. Chola Mandalam General Insurance Company Limited, Through Branch Manager, Branch Office, 7Th Floor Signature Tower, Lal Kothi, Tonk Road, Jaipur, Rajasthan. (Insurance Compnay Vehicle Trailer No. Rj 42 Ga 1283) ----Respondents [2025:RJ-JP:14409] (2 of 3) [CMA-621/2024] For Appellant(s) : Mr. Ritesh Jain, Adv. with Mr. Ramdeo Arya, Adv. For Respondent(s) : Mr. Rajdeep Singh Rathore, Adv. for Mr. Chanderdeep Singh Jodha, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 28/03/2025 1. This appeal has been filed by the appellants-claimants against the judgment and award dated 12.09.2023 passed by learned Motor Accident Claims Tribunal, Sikarai and Additional District and Sessions Judge Sikarai, District Dausa (hereinafter referred to as the 'Tribunal') in Claim Case No.32/2022 (22/2021) titled as Meera Devi and Ors. Vs. Virendra and Ors. for enhancement of the award amount passed by learned Tribunal. 2. During the course of proceedings, the claimants and respondent No.3-Insurance Company have entered into a compromise. A memo of compromise has been made part of the record, signed by learned counsel for both the parties. According to the compromise arrived at between the parties, the Insurance Company shall make a payment of Rs.4,00,000/- in addition to the award already passed by the learned Tribunal. Therefore, this appeal is disposed of in terms of the compromise arrived at between the parties. The Insurance Company is directed to deposit the enhanced amount of Rs.4,00,000/- within two months from the date of passing of this order before learned Tribunal, failing which the claimants shall be entitled to get interest on the enhanced amount @ 6% per annum till final payment to the claimants. [2025:RJ-JP:14409] (3 of 3) [CMA-621/2024] 3. Looking to the fact that the accident occurred in the year 2020 and the appeal is pending for the last more than 5 years, therefore, the learned Tribunal is directed to disburse the amount to the claimants through their saving bank accounts. 4. With the above observations, the appeal is disposed of. 5. Pending application(s), if any, also stands disposed of. (ASHUTOSH KUMAR),J Mohita /177