[2025:RJ-JP:42374] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Cross Objection (Civil) No. 60/2019 The Oriental Insurance Company Limited, Jhalawar Road, Kota Rajasthan Insurance Company Scorpio No. Rj 20Ua-1123 ----Appellant/Non-Claimant Versus 1. Shabina B D/o Nisar Ahmed, Aged About 24 Years, Resident Of Mattan Market Ki Gali, Lalbagh, Rampura, District Nimuch (Mp) …..Respondent/Claimant 2. Devendra Singh S/o Sh. Yaduraj Singh, Aged About 34 Years, Resident Of Khakra Asan, Police Station Ataru, District Baran (Raj) (Driver And Registered Owner Of Scorpio No. Rj-20Ua-1123) 3. Abdul Gaffar S/o Shri Abdul Rehman, Aged About 51 Years, Resident Of Behind Nagar Clinic, Sanjay Gandhi Nagar, Vigayan Nagar, Kota ----Respondent/Non-Claimant No.1 & 3 For Petitioner(s) : Mr. Naseemuddin Qazi For Respondent(s) : Mr. Hridayes Singh HON'BLE MR. JUSTICE GANESH RAM MEENA Order 16/10/2025 1. Instant cross objection has been filed by the appellant non-claimant Under Order 41 Rule 22 R/w Section 173 of the Motor Vehicles Act, 1988 (hereinafter is to be referred to as ‘the Act of 1988’) challenging the order judgment and award dated 04.05.2018, passed by the Court of Motor Accident Claims Tribunal, No.1, Kota, (hereinafter to be referred to as ‘the Tribunal’) in M.A.C.T. Case No.463/2014 (335/2011), whereby a compensation of Rs.3,88,240/- has been awarded to the respondent claimant by deducting 50% of the total amount of compensation due contributory negligence. [2025:RJ-JP:42374] (2 of 2) [XOBJC-60/2019] 2. Heard. 3. Considered the submissions made by learned counsels for the parties. 4. This Court vide order dated 21.07.2025, referred the matter before the Mediation Center for amicable settlement between the parties. As per the Mediation Report, which is on record, the parties have entered into amicable settlement and the claim amount has been enhanced to the tune of Rs.40,000/-. 5. In view of the submissions made by learned counsels appearing for the parties and the fact that the parties have settled the dispute before the Mediation Center, the cross objection is disposed of in terms of the Mediation Report. Both the appeals bearing Civil Misc. Appeals Noa.5190/2018 & 5191/2018, have already been dismissed as withdrawn vide order dated 16.10.2025 in view of the terms of the Mediation Report. 6. The appellant Insurance Company shall pay an additional sum of Rs.40,000/- to the respondent claimant within a period of six weeks from today, in addition to the amount of compensation awarded by the learned Tribunal vide its award dated 04.05.2018. 7. It is also made clear that in case the aforesaid additional amount is not paid to the respondent claimant within the time specified, the respondent claimant shall be entitled for interest at the rate of 6% per annum from today. 8. Pending application/s, if any, also stand disposed of. (GANESH RAM MEENA),J ARTI SHARMA /56