Allowed

Smt. Manisha Devi W/O Late Shri Nanuram, v. Kedarlal @ Kedarmal S/O Shri Jodharam

Rajasthan HC8 Jul 2025CMA/2905/2023

Case brief

AI extract

What is this about?

Single judge disposed of a civil miscellaneous appeal seeking enhancement of motor accident compensation by accepting an amicable settlement proposal from the National Insurance Company. The total award was enhanced with interest, and future disbursement was structured via Fixed Deposit.

What did the court decide?

The total compensation was enhanced by Rs. 1,60,000/-. It was directed to be deposited, with 50% kept in FDR for three years and remaining 50% disbursed thereafter.

Smt. Manisha Devi W/O Late Shri Nanuram, Vs Kedarlal… — Motor Accident Claims | Rajasthan HC (2025)

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[2025:RJ-JP:25218]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 2905/2023

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Smt. Manisha Devi W/o Late Shri Nanuram, Aged About 33 Years, (Wife Of Deceased) R/o 5 Meeno Ki Dhani Village Benad, P.s Harmada, Distt. Jaipur (Raj.).

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Kumari Khushi D/o Late Shri Nanuram, Aged About 14 Years, (Daughter Of Deceased) Through Natural Guardian Mother Smt. Manisha Devi R/o 5 Meeno Ki Dhani Village Benad, P.s Harmada, Distt. Jaipur (Raj.).

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Kumar Suhani D/o Late Shri Nanuram, Aged About 8 Years, (Daughter Of Deceased) Through Natural Guardian Mother Smt. Manisha Devi R/o 5 Meeno Ki Dhani Village Benad, P.s Harmada, Distt. Jaipur (Raj.).

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Birdichand S/o Shri Bhuraram Meena, Aged About 67 Years, (Father Of Deceased) R/o 5 Meeno Ki Dhani Village Benad, P.s Harmada, Distt. Jaipur (Raj.).

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Smt. Soni Devi W/o Shri Birdichand, Aged About 62 Years, (Mother Of Deceased) R/o 5 Meeno Ki Dhani Village Benad, P.s Harmada, Distt. Jaipur (Raj.).

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----Appellants-Claimants

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Versus

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Kedarlal @ Kedarmal S/o Shri Jodharam, R/o Village Rampura Dabdi Tehsil Amer Distt. Jaipur (Raj.) (Driver Of Vehicle Pickup No. Rj-14-Ge-8053).

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Suresh Kumar Kumawat S/o Shri Govindram Kumawat, R/o Aankeda Chaurd Village Rampura Dabdi Tehsil Amer Distt. Jaipur (Raj.) (Owner And Insured Of Vehicle Pickup No. Rj-14--Ge-8053).

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National Insurance Company Ltd., Through Regional Manager Office Jeevan Nidhi Second Floor Bhawani Singh Road Jaipur City Jaipur, Raj. (Insurer Of Vehicle Pickup No. Rj-14-Ge-8053).

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----Respondents-Non-Claimants

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For Appellant(s) : Mr. Pankaj Sharma For Respondent(s) : Mr. Praveen Kumar Jain

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HON'BLE MR. JUSTICE GANESH RAM MEENA

[2025:RJ-JP:25218]

[CMA-2905/2023]

(2 of 3)

Order

08/07/2025

The present civil misc. appeal has been filed by the appellants/claimants for enhancement of the compensation amount which has been awarded by the Court of learned Judge, Essential Commodities Act and Motor Accident Claims Tribunal Jaipur Metropolitan-II (for short ‘the learned Tribunal’) vide its judgment and award dated 12.05.2023 in M.A.C. Case No.631/16 C.I.S. No.82/19.

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At the very outset, the learned counsel appearing for the respondent No.3- National Insurance Company Ltd., which has been held to be liable for paying the compensation amount, on the instructions from the company proposed to pay the additional amount of Rs.1,60,000/- as the enhanced amount

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Learned counsel appearing for the appellants/claimants agrees to the proposal made by learned counsel for the respondent No.3- National Insurance Company Ltd.

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Having regard to the proposal made by learned counsel for the respondent No.3- National Insurance Company Ltd. and the agreement to the said proposal by the learned counsel for the appellants/claimants, the present civil misc. appeal deserves to be disposed of in terms of the amicable settlement that is the proposal and acceptance by the learned counsels for the parties.

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In view of the above, the present civil misc. appeal is disposed of as under:

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(A) The total compensation amount as awarded by the learned Tribunal is enhanced with the additional amount of Rs.1,60,000/-.

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[2025:RJ-JP:25218]

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[CMA-2905/2023]

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(B) The interest on the enhanced amount shall be payable as per the terms and conditions of the judgment and award passed by the learned Tribunal, who has awarded the amount of compensation.

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(C) On depositing of the enhanced amount with interest, the total 50% of the enhanced amount with interest shall be kept in the FDR in the name of the appellants/claimants for a period of three years and remaining 50% of the enhanced amount with interest may be disbursed to the appellants/claimants.

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All other pending application(s), if any, also stand disposed of.

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Record of the learned Tribunal be sent back.

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(GANESH RAM MEENA),J

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ARTI SHARMA /88

Smt. Manisha Devi W/O Late Shri Nanuram, v. Kedarlal @ Kedarmal S/O Shri Jodharam

Case brief

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Smt. Manisha Devi W/O Late Shri Nanuram, v. Kedarlal @ Kedarmal S/O Shri Jodharam

Case brief

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What did the court decide?

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