HARIKISHAN S/O MATHURALAL BY CASTE KUMHAR v. MANISH S/O RAMLAL BY CASTE- MALI
CMA/107/2019 · 2025-05-02
Ganesh Ram Meena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35955 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35955 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:18643] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 107/2019
1. Harikishan S/o Mathuralal, Aged About 43 Years, R/o Rundi Tehsil-Kishanganj, District-Baran (Raj.)
2. Janki Bai W/o Harikishan, Aged About 41 Years, R/o Rundi Tehsil-Kishanganj, District-Baran (Raj.)
3. Pawan S/o Harikishan, Aged About 23 Years, R/o Rundi Tehsil-Kishanganj, District-Baran (Raj.)
4. Meena D/o Harikishan, Aged About 21 Years, R/o Rundi Tehsil-Kishanganj, District-Baran (Raj.)
5. Akshita D/o Harikishan, Aged About 10 Years, R/o Rundi Tehsil-Kishanganj, District-Baran (Raj.) ----Appellants Versus
1. Manish S/o Ramlal, Aged About 24 Years, R/o Ranibadod, Thana-Kishanganj, District-Baran (Raj.)
2. Jyoti Chauhan D/o Rajendra, R/o Kishanganj, Thana- Kishanganj, District-Baran (Raj.)
3. Sirajuddin S/o Abdul Gafoor, R/o Kishanganj, Thana Kishanganj, District-Baran (Raj.)
4. Branch Manager, The New India Assurance Company Limited, Branch Office-Kota Road, Baran, District-Baran (Raj.) ----Respondents For Appellant(s) : Mr. J.P. Gupta with Mr. Ravi Singh & Ms. Shreya Khandal For Respondent(s) : Mr. Tripurari Sharma for insurance- company HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 02/05/2025
1. This appeal has been filed by the claimants-appellants as regards the impugned award dated 19.09.2018 passed by the
[2025:RJ-JP:18643] (2 of 3) [CMA-107/2019] learned Motor Accident Claims Tribunal (Family Court), Baran in Claim Case No.258/2017 for enhancement of the compensation amount.
2.
Learned counsel for the claimants-appellants submits that total compensation amount as awarded by the learned Tribunal is Rs.5,30,000/- alongwith interest @9% per annum from the date of filing of the claim petition till its realization.
3.
Learned counsel further submits that in view of the various judgments and looking to the facts of this case, the compensation amount deserves to be enhanced.
4. During the course of arguments, learned counsel appearing for the insurance-company, on instructions from the insurance- company, submitted a proposal and offered for enhancement of the compensation amount with an additional amount of Rs.1,00,000/-.
5.
Learned counsel appearing for the appellants, on instructions from his client, accept the offer and proposal made by counsel appearing for the insurance-company.
6. In view of the offer and acceptance as stated above, the present appeal is disposed of and the award dated 19.09.2018 passed by the learned Motor Accident Claims Tribunal (Family Court), Baran in Claim Case No.258/2017 is modified as under:-
"In addition to the amount as awarded by the learned Tribunal, the insurance-company shall pay an additional amount of Rs.1,00,000/- to the claimants-appellants including interest within a period of two weeks from today. In case, the insurance-company fails to make the payment of the additional enhanced amount
[2025:RJ-JP:18643] (3 of 3) [CMA-107/2019] within above given time, the claimants-appellants shall be entitled for interest as per the terms and conditions of the original award treating this additional amount to be a part of the main award amount."
7. Stay application as well as pending application, if any, also stands disposed of.
(GANESH RAM MEENA),J Ashish Kumar /79