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2025 DAILYLAW 37634 (RAJ)

SMT. KAMLI DEVI W/O LATE SHRI BRIJMOHAN v. MAHESH KUMAR S/O JHUTHARAM YADAV

CMAP/131/2025 · 2025-10-13

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:41612] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 131/2025 1. Smt. Kamli Devi W/o Late Shri Brijmohan, Aged About 48 Years, 2. Kumari Mamta D/o Late Shri Brijmohan, Aged About 26 Years, 3. Arvind S/o Late Shri Brijmohan, Aged About 22 Years, 4. Dinesh (Minakshi D/o Late Shri Brijmohan), Aged About 20 Years, (Vied Order Dated 19-12-2022) Correction Regarding Name Of Minakshi (Correct Name) 5. Dinesh S/o Late Shri Ghanshyam, Aged About 29 Years, (Deceaseds Brother). 6. Kumari Kiran D/o Late Shri Ghanshyam, Aged About 26 Years, (Deceaseds Sister) 7. Smt. Durga Devi W/o Late Shri Ghanshyam, Aged About 65 Years, (Deceaseds Mother) All R/o Ghasipura, Tehsil Shahpura, District Jaipur, Rajasthan. ----Appellants/Claimants/Respondents Versus 1. Mahesh Kumar S/o Jhutharam Yadav, R/o Dhani Bidalawali Tan Rajpura, Tehsil And P.s. Shahpura, District Jaipur (Raj.) (Driver Truck Trailer No. Rj 52 Ga 2635). 2. Gyarsilal S/o Jhutharam Yadav, R/o Dhani Bidalwali Tan Tajpura, Tehsil And P.s. Shahpura, District Jaipur (Raj.). (Owner Truck Trailer No. Rj 52 Ga 2635). Non-Claimants/Respondents 3. United India Insurance Company Ltd., Through Regional Manager, Zonal Office , 20 Mohan House, Transport Nagar, Jaipur (Raj.) (Insurance Company). ----Non-Claimants/Respondents/Applicant For Petitioner(s) : Mr. Manish Parashar For Respondent(s) : Mr. Ram Sharan Sharma HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment / Order [2025:RJ-JP:41612] (2 of 2) [CMAP-131/2025] 13/10/2025 1. This misc. application has been filed by the applicant- Insurance Company for modification of the order dated 15.07.2025 to the extent that amount for loss of income should be Rs.3,30,276/- instead of Rs.4,57,296/-. 2. Heard. Considered the submissions made by the learned counsel for the applicant. 3. The Court vide order dated 15.07.2025 partly allowed the appeal filed by the claimants for enhancement of the compensation amount. 4. The applicant has filed the application for modification in the compensation amount as awarded by this Court on the ground that the Court has not made any deduction from the total amount assessed under the head of loss of income. 5. The prayer made in the application does not come under the scope of modification. 6. If the applicant has any grievance with regard to the assessment of total amount under the head of loss of income, he may avail the appropriate remedy available to him under the law. 7. Accordingly, the present application for modification is dismissed. (GANESH RAM MEENA),J Sudha/39