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2025 DAILYLAW 48317 (RAJ)

SMT. KAMLA DEVI W/O LATE HARINARAYAN v. MAHESH CHAND S/O RAMESHWAR

CMA/2229/2023 · 2025-11-10

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:45082] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2229/2023 1. Smt. Kamla Devi W/o Late Harinarayan, Aged About 45 Years, R/o Ward No. 24, Kiledaro Ka Mohalla, Naya Bazar, Chomu, Tehsil Chomu Police Station Chomu, Tehsil Chomu, District Jaipur. 2. Babulal S/o Late Shri Harinaryan, Aged About 30 Years, (Son Of Deceased) R/o Ward No. 24, Kiledaro Ka Mohalla, Naya Bazar, Chomu, Tehsil Chomu Police Station Chomu, Tehsil Chomu, District Jaipur. 3. Mukesh Kumar S/o Late Shri Harinaryan, Aged About 28 Years, R/o Ward No. 24, Kiledaro Ka Mohalla, Naya Bazar, Chomu, Tehsil Chomu Police Station Chomu, Tehsil Chomu, District Jaipur. 4. Smt Gyarasi Devi W/o Late Shri Banshidhar (Since Deceased), (Mother Of Deceased) R/o Ward No. 24, Kiledaro Ka Mohalla, Naya Bazar, Chomu, Tehsil Chomu Police Station Chomu, Tehsil Chomu, District Jaipur. ----Claimants/Appellants Versus 1. Mahesh Chand S/o Rameshwar, R/o Swamiyon Ki Dhani ,disa, Police Station Kaladera, At Present R/o Ward No. 05, Vaishanav Vihar Colony, Chomu, Police Station Chomu, Tehsil Chomu, District Jaipur. (Driver Of Bolero Pickup No. Rj-41-GA-0854) 2. Subhash Chand Saini, S/o Radhesyshaym Saini, R/o Ward No. 2, Roopa Malan Ki Dhani, Chomu, Tehsil Chomu, Police Station Chomu, District Jaipur. (Owner And Insurance Holder Of Bolero Pickup No. Rj-41- GA-0854) 3. Tata AIG General Insurance Company Limited Through Branch Manager, Branch Manager, Branch Office, Office No. F-3, Shri Ji Towers C-99, First Floor, Subhash Marg, C-Scheme, Jaipur 302001 (Insurance Effective From 21.04.2020 To 20.04.2021) (Policy Number 0160878210000) (Insurance Company Of Bolero Pickup No. Rj-41-GA- 0854) ----Non-Claimants/Respondents [2025:RJ-JP:45082] (2 of 3) [CMA-2229/2023] For Appellant(s) : Mr. Kamal Kumar Gupta For Respondent(s) : Mr. C.S. Jodha HON'BLE MR. JUSTICE GANESH RAM MEENA Order 10/11/2025 1. The present civil misc. appeal has been filed by the claimants/appellants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter is to be referred to as ‘the Act of 1988’) claiming for enhancement of the compensation amount, which has been awarded by the Court of Motor Accident Claims Tribunal, Chomu, District Jaipur (for short, 'the learned Tribunal') vide its judgment and award dated 05.04.2023. 2. On the claim petition filed by the claimants/appellants, the learned Tribunal granted compensation to the tune of Rs.18,51,202/-. 3. The claimants/appellants and the respondent No.3, Tata AIG General Insurance Company Ltd. have come to an amicable settlement and a written compromise 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.3,50,000/- in addition to the amount already paid by the Insurance Company, shall be paid to the claimants/appellants by the respondent No.3- Insurance Company by depositing the same before the learned Tribunal concerned within a period of six weeks from the date of passing the order on the basis of compromise and the same enhanced amount shall be disbursed to the claimants/appellants through saving bank account. It is also agreed that in case the [2025:RJ-JP:45082] (3 of 3) [CMA-2229/2023] respondent No.3- Insurance Company fails to pay the agreed amount within the above given time, the appellants/claimants 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 appeal stands disposed of as above. (GANESH RAM MEENA),J ARTI SHARMA /66