Dismissed

Parwati and Anr. v. Mukesh Kumar Sharma and Ors.

Rajasthan HC1 Feb 2024CMA/2967/2017

Case brief

AI extract

What is this about?

The High Court disposed of an S.B. Civil Miscellaneous Appeal regarding motor accident compensation. The appeal was settled amicably between parties regarding compensation enhancement to Rs. 5,00,000/- with interest. The judgment is modified to reflect this settlement.

What did the court decide?

The appeal is disposed of based on a compromise settlement agreeing to enhance compensation to Rs. 5,00,000/- plus interest; the Tribunal order is modified accordingly.

Parwati and Anr. Vs Mukesh Kumar Sharma and Ors. — Motor Accident Claims | Rajasthan HC (2024)

¶1

[2024:RJ-JP:5421]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Miscellaneous Appeal No. 2967/2017

¶4

Parwati W/o Late Swaroop Narayan Sharma, R/o Village Rohitashpura, Tehsil Thana Bassi, District Jaipur.

¶5

Rajesh Kumar Sharma S/o Late Swaroop Narayan Sharma, R/o Village Rohitashpura, Tehsil Thana Bassi, District Jaipur.

¶6

----Appellants

¶7

Versus

¶8

Mukesh Kumar Sharma S/o Prahlad Sharma, R/o 90, Haldeena Ki Dhan, Laxmipura, Kanota, Jaipur. Driver Of Vehicle No. Rj-14-2C-7829

¶9

Daluram Meena S/o Jagdish Narayan Meena, R/o Manharpura, Tehsil Bassi, District Jaipur. Owner Of Vehicle No. Rj-14-2C-7829

¶10

Hdfc Ergo General Insurance Company Ltd. Through Branch Manager, Ashok Marg, C-Scheme, Jaipur Insurance Company Of Vehicle No. Rj-14-2C-7829

¶11

Rajeev I.d. Mehta, R/o C-2/201, Kamal Apartment, Banipark, Jaipur. Insurance Holder Of Vehicle No. Rj-142C-7829

¶12

----Respondents

¶13

For Appellant(s) : Mr. Vinay Mathur For Respondent(s) : Mr. Virendra Agarwal

¶14

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

¶15

Order

¶16

01/02/2024

¶17

The civil miscellaneous appeal has been filed by the appellants-claimants (for short ‘the claimants’) against the judgment and award dated 28.02.2017 passed by Motor Accident Claims Tribunal No.2, Jaipur Metropolitan in MAC Case No. 727/15,

[2024:RJ-JP:5421]

[CMA-2967/2017]

(2 of 2)

whereby a sum of Rs. 2,57,575/- has been awarded to the claimants.

¶22

At the very outset, learned counsel for the parties submit that the matter has been amicably settled between the parties by way of compromise. A copy of the compromise duly signed by learned counsel for both the parties has been placed on record, relevant part of which reads as under:-

¶23

“The humble claimants-appellants and respondent No. 3 have entered into the compromise on the terms that the insurance company is ready and willing to make further enhancement of the compensation amount to the tune of Rs. 5,00,000/- (Rs. Five Lacs Only) in all which includes interest parts as well, meaning thereby the insurance company would make the payment of Rs. 5,00,000/- (Rs. Five Lacs Only) in addition to the amount already paid by the insurance company within two months failing which it will carry interest @ 6% per annum from the date of compromise till actual payment.”

¶24

They have prayed to decide the appeal in the light of the aforesaid compromise. In view of the said compromise arrived between the parties, the appeal stands disposed of. The impugned judgment and award dated 28.02.2017 passed by the Tribunal is modified accordingly.

¶25

This terms of compromise shall be treated as an integral part of order.

¶26

(NARENDRA SINGH DHADDHA),J

¶27

Tahir/AVG/39

Parwati and Anr. v. Mukesh Kumar Sharma and Ors.

Case brief

What is this about?

What did the court decide?

Parwati and Anr. v. Mukesh Kumar Sharma and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shriram Gurjar S/O Shri Shyodan Gurjar Vs Mamraj Yadav S/O Shri Kaluram Yadav

Sanjeev Kumar Katta S/O Shri Vishnu Kishor Ji Katta Vs Shri Bhupendra Kumar Yadav

Smt. Manjula Devi Ranka W/O Shri Budhraj Ranka Vs Smt. Rajneesh D/O Late Shri Narender Kumar W/O Shri Jitender Solanki

Vakil S/O Gaffar Vs State of Rajasthan

Mahaveer Singh Son of Shri Goverdhan Singh, Vs State of Rajasthan

Hasan S/O Kanhaiya Vs State of Rajasthan