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2025 DAILYLAW 41781 (RAJ)

SHER SINGH S/O SHRI GOPI RAM v. AMAR SINGH SAINI S/O SHRI RAMESH SAINI

CMA/4606/2024 · 2025-10-10

Ganesh Ram Meena

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:41550] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4606/2024 1. Sher Singh S/o Shri Gopi Ram, Aged About 62 Years, R/o Lalita Mudia, Tehsil Weir, PS Halena District Bharatpur At Present R/o Vijay Nagar Colony, Heeradas, Bharatpur 2. Premwati W/o Shri Sher Singh, Aged About 57 Years, R/o Lalita Mudia, Tehsil Weir, PS Halena District Bharatpur At Present R/o Vijay Nagar Colony, Heeradas, Bharatpur ----Appellants Versus 1. Amar Singh Saini S/o Shri Ramesh Saini, R/o Behind Police Station, Near Bus Stand Bhusawar, PS Bhusawar, District Bharatpur (Owner/driver Of Mahendra Max No. Rj-29-Ua-7005) 2. National Insurance Company Ltd., Tamil Through Branch Manager Nai Mandi Station Road, Bharatpur (Insurer Of Mahendra Max No. Rj-29-Ua-7005) ----Respondents For Appellant(s) : Mr. Jaswant Sharma for Mr. Raj Kumar Goyal For Respondent(s) : Ms. Raj Sharma HON'BLE MR. JUSTICE GANESH RAM MEENA Order 10/10/2025 1. The present civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter is to be referred to as ‘the Act of 1988’) has been filed by the claimants/appellants for enhancement of the compensation amount which has been awarded by the Motor Accident Claims Tribunal, Bharatpur (for short ‘the learned Tribunal’) vide its judgment and award dated 30.07.2024 in Claim Petition No.458/2022. [2025:RJ-JP:41550] (2 of 3) [CMA-4606/2024] 2. On the claim petition filed by the claimants/appellants, the learned Tribunal has granted compensation to the tune of Rs.11,51,324/-. 3. Learned counsel for the claimants/appellants submits that the Court vide order dated 01.08.2025 referred the matter for mediation with a direction to the parties to appear before the Mediation Centre on 18.08.2025. 4. The counsel for both the parties were appeared before the mediation centre on 03.10.2025 and they have agreed to resolve the dispute amicably and a written compromise has also been executed between them on the same day. As per the written compromise, which has been placed on record, the parties have agreed for the settlement of claim amount to the tune of Rs.1,56,000/- including interest. If the payment is not made within a period of three months from the date of settlement, then interest @7% per annum shall be paid for the subsequent period (i.e. after three months from the date of award) till payment is made. 5. Having regard to the compromise arrived at between the parties, the present civil misc. appeal is disposed of in the terms of compromise arrived at between the parties. 6. The respondent No.2-Insurance Company shall pay an additional sum of Rs.1,56,000/- to the claimants/appellants within a period of three months from today, in addition to the amount of compensation already awarded by the learned Tribunal vide its award dated 30.07.2024. [2025:RJ-JP:41550] (3 of 3) [CMA-4606/2024] 7. It is also made clear that in case the aforesaid additional amount is not paid to the claimants/appellants within the time specified, the claimant/appellant shall be entitled for interest at the rate of 7% per annum from date of award passed by the Tribunal. 8. Accordingly, the appeal stands disposed of as above. (GANESH RAM MEENA),J Sudha /82