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2025 DAILYLAW 44766 (RAJ)

ROHITASH S/O SHRI DATARAM v. JAIPRAKASH @ HANUMAN S/O MANGATSINGH

CMA/2126/2025 · 2025-10-06

Ganesh Ram Meena

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:40470] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2126/2025 Rohitash S/o Shri Dataram, Aged About 31 Years, R/o Raipur, Thana Patan, tehsil Neemkathana, District Sikar. ----Appellant Versus 1. Jaiprakash @ Hanuman S/o Mangatsingh, R/o Khedi Thana Ateli, Haryana, (Driver Of Vehicle No. Rj-02-Rd- 2013). 2. Kapil Dev S/o Mahaveer Prasad, R/o Partapur Chak No.1 Thana Neemrana, District Alwar. (Driver Of Vehicle No. Rj- 02-Rd-2013). 3. Hdfc Argo General Insurance Company Ltd., 2Nd Floor, Gt Galleria Near Ahinsa Circle, C-Scheme, Jaipur. (Insurance Company). ----Respondents For Appellant(s) : Mr. Prijwal for Mr. Santosh Kumar Soni For Respondent(s) : Mr. C.S. Jodha HON'BLE MR. JUSTICE GANESH RAM MEENA Order 06/10/2025 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 claimant/appellant for enhancement of the compensation amount which has been awarded by the Motor Accident Claims Tribunal No.1, Behror (for short ‘the learned Tribunal’) vide its judgment and award dated 19.02.2025 in Claim Petition No.59/2016 (C.I.S. No.604/2019). [2025:RJ-JP:40470] (2 of 3) [CMA-2126/2025] 2. On the claim petition filed by the claimant/appellant, the learned Tribunal has granted compensation to the tune of Rs.2,87,304/-. 3. The claimant/appellant and the respondent No.3-HDFC Ergo General Insurance Company have come to an amicable settlement and a written compromise for the same has been executed by them. As per the written compromise, which has been placed on record, it is agreed that a lump-sum amount to the tune of Rs.2,50,000/- in addition to the amount already paid by the Insurance Company, shall be paid to the claimant/appellant by the respondent No.3-HDFC Ergo General Insurance Company by depositing the same before the learned Tribunal concerned within a period of six weeks from the date of passing of order on the basis of compromise as full and final settlement of appeal and the enhanced amount shall be disbursed to the claimant/appellant through saving account. It has also agreed that in case the respondent No.3-Insurance Company fails to pay the agreed amount within the above given time, the claimant/appellant shall be entitled for interest at the rate of 6% per annum from the date of compromise order, till payment is made. 4. Having regard to the agreement arrived at between the parties, the present civil misc. appeal is disposed of in the terms of compromise arrived at between the parties. 5. The respondent No.3-Insurance Company shall pay an additional sum of Rs.2,50,000/- to the claimant/appellant within a period of six weeks from today, in addition to the amount of [2025:RJ-JP:40470] (3 of 3) [CMA-2126/2025] compensation already awarded by the learned Tribunal vide its award dated 19.02.2025. 6. It is also made clear that in case the aforesaid additional amount is not paid to the claimant/appellant within the time specified, the claimant/appellant shall be entitled for interest at the rate of 6% per annum from date of award passed by the Tribunal. 7. The appeal stands disposed of as above. (GANESH RAM MEENA),J Ashish Kumar /72