Hanja Devi W/O Late Shri Nemaram Vs Narayan Singh Rawat S/O Shri Dalla Singh Rawat

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[2025:RJ-JP:24489]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 5825/2019

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Hanja Devi W/o Late Shri Nemaram, Aged About 31 Years, R/o Village Purada, Tehsil Sumerpur, District Pali

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Pepi Devi W/o Late Shri Dheera, Aged About 54 Years, R/o Village Purada, Tehsil Sumerpur, District Pali

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Balveer S/o Late Shri Nemaram, Aged About 11 Years, Minor Through Their Natural Guardian And Mother Smt. Hanja Devi W/o Late Shri Nemaram, R/o Village Purada, Tehsil Sumerpur, District Pali

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Ganpat S/o Nemaram, Aged About 5 Years, Minor Through Their Natural Guardian And Mother Smt. Hanja Devi W/o Late Shri Nemaram, R/o Village Purada, Tehsil Sumerpur, District Pali

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----Claimants/Appellants

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Versus

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Narayan Singh Rawat S/o Shri Dalla Singh Rawat, Aged About 34 Years, R/o Village Kotaj Kesarpura, Ajmer District Ajmer (Driver Truck Trailer No. Rj-01-Ga-9246)

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Ugmaram Chaudhary S/o Shri Kishnaram Chaudhary, R/o 249, Berara Ki Dhani Sarna, Tehsil Ajmer District Ajmer (Owner Truck Trailer No. Rj-01-Ga-9246)

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Iffco Tokio General Insurance Co. Limited, Regional Office, 8, Katewa Bhawan, Opposite Ganpati Plaza, M.i. Road, Jaipur Through Regional Manager, (Ins. Company Truck Trailer No. Rj-01-Ga-9246)

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----Respondents

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For Appellant(s) : Mr. Sandeep Mathur For Respondent(s) : Mr. C.S. Jodha

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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03/07/2025

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The present appeal is preferred by the claimants/appellants claiming enhancement of the compensation amount which has

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been awarded by the Motor Accident Claims Tribunal (for short, 'the Tribunal') vide its judgment and award dated 16.08.2019. 2. On the claim petition filed by the claimants appellants, the Tribunal granted compensation to the tune of Rs.13,82,320/-. 3. The claimants/appellants and the respondent Iffco Tokio General Insurance Co. Limited 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 of Rs.1,60,000/- (including interest) shall be paid to the claimants by the respondent insurance company by depositing the same before the Tribunal concerned within a period of six weeks from today which may be disbursed to the claimants through the savings bank account. It is also agreed that in case the respondent insurance company fails to deposit the agreed amount within a period of six weeks from today, the claimants shall be entitled for interest at the rate of 6% p.a. from the date of the order.

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Having regard to the agreement arrived between the parties, the present appeal is disposed of in the terms of compromise arrived between the parties.

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The Insurance Company shall pay an additional sum of Rs.1,60,000/- to the claimants within a period of six weeks from today, in addition to the amount of compensation awarded by the Tribunal vide its award dated 16.08.2019.

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It is also made clear that in case the aforesaid additional amount is not paid to the claimants within the time specified, the claimants shall be entitled for interest at the rate of 6% p.a. from today.

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