Smt Meera Devi Jangid W/O Shri ... vs Jainarayan Bairwa S/O Shri ...

Citation : 2022 Latest Caselaw 1208 Raj/2
Judgement Date : 2 February, 2022

Rajasthan High Court
Smt Meera Devi Jangid W/O Shri ... vs Jainarayan Bairwa S/O Shri ... on 2 February, 2022
Bench: Sudesh Bansal
         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 3553/2018

Smt Meera Devi Jangid W/o Shri Shankar Lal Jangid, Aged About
38 Years, R/o Village Hanutiya Bujurg, Tehsil Niwai, Distt. Tonk.
                                                                     ----Appellant
                                     Versus
1.        Jainarayan Bairwa S/o Shri Kanaram Bairwa, R/o Bairwo
          Ki Dhani, Village Fhatehpura, Via Vatika, Tehsil Chaksu,
          Distt. Jaipur (Driver And Regd. Owner Of The Bolero No.
          Rj-14-Gf-0591)
2.        Icici   Lombard       General     Insurance         Company       Limited,
          Through Its Regional Manager, Regional Office At Ii Floor,
          Bhagwati    Bhawan,        Above       P.l.   Motors,     Govt.    Hostel
          Crossing, M.i. Road, Jaipur (Insurer Of The Vehicle No. Rj-
          14-Gp-0591)       (Validity     Of     Insurance        09.03.0213     To
          08.03.2014) (Policy No. 3003/78298946/00/000)
                                                                  ----Respondents

For Appellant(s) : Mr. Nitesh Rawat, through VC For Respondent(s) : Mr. Kapil Gupta, through VC HON'BLE MR. JUSTICE SUDESH BANSAL Order 02/02/2022 This appeal has been filed by claimant for enhancement of compensation. During pendency of appeal, claimant and Insurance Company have entered into compromise and agreed to dispose of this appeal and to modify the impugned award dated 24.03.2018 passed by Motor Accident Claims Tribunal No.1, Jaipur Metropolitan City, Jaipur in MAC No.91/2014 on the following terms:-

"(a) In addition to the compensation assessed by the Tribunal vide impugned judgment dated 24.03.2018 in MAC No.91/2014, additionally a lump sum amount of Rs.3,00,000/- would be payable to the (Downloaded on 04/02/2022 at 09:15:55 PM) (2 of 2) [CMA-3553/2018] claimant and the enhanced amount would be deposited by the Insurance Company within a period of six weeks, failing which, the same shall carry interest @ 6% per annum from today till the date of actual payment.
(b) The impugned judgment and award dated 24.03.2018 be treated as modified as to the extent of enhancement of additional lump sum amount of Rs.3,00,000/-, the remaining terms of judgment and award shall remain intact."
With aforesaid terms and conditions, the appeal stands disposed of and the impugned award dated 24.03.2018 is modified accordingly.
All pending application (s), if any, also stand(s) disposed of.

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