Roop Narain Sharma And Others vs Shiv Dayal And Others
2022 Latest Caselaw 3917 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Civil Miscellaneous Appeal No. 3163/2012
1. Roopnarain Sharma S/o Shri Mangilal Sharma,
2. Smt. Gyarsi Devi W/o, Shri Roopnarain,
3. Smt. Papoodi W/o Late Shri Kailash Sharma,
4. Gopal Sharma S/o Late Shri kailash Sharma,
5. Dharmendra Sharma, S/o Late Shri Kailash Sharma, aged
about 16 years minor through his natural guardian mother Smt.
Papoodi,
All Residents of Village Jaipura, Jagatpura, Jaipur.
                                                    ----Appellants-Claimants
                                   Versus
1. Shivdayal S/o Shri Prabhulal, r/o village Kherda, Near Railway
Phatak, Behind Saraswati School, Police Station Man town,
district Sawai Madhopur.
2. M/s. Kundanmal, Mukanmal Traders Pvt. Ltd., D-80 New Anaj
Mandi, Chandpole Bazar, jaipur through Partner Prabha Chand
Chandwad S/o Sh. Madanlal Chandwad.
3. ICICI Lombard General Insurance Co. Ltd. Branch officer
Above P.L. Motors, First Floor, Government Hostel Crossing, M.I.
Road, Jaipur
                                       ----Respondents-Opposite Parties

For Appellant(s) : Mr. C.P. Sharma For Respondent(s) : Mr. Aakarsh Gothwal with Ms. Chelsi Gangwal

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

18/05/2022

Appellants-claimants have filed this appeal for enhancement

of compensation, awarded by the Motor Accident Claims Tribunal,

Jaipur City, Jaipur, in Claim Petition No.1421/08.

During pendency of this appeal, with the spirit of National

Lok Adalat, claimants and insurance company have entered into a

(2 of 2) [CMA-3163/2012]

compromise and the memo of compromise has been placed on

record.

Thus, in terms of compromise, this appeal is disposed of with

following order:-

"(I) In addition to the award passed by the MACT, claimants shall be paid by the Insurance Company an additional lump-sum amount of Rs.4,50,000/-(Rs. Four lakhs fifty thousand only) inclusive interest.

(II) The enhanced amount shall be paid within a period of four weeks.

(III) In case of non-payment of enhanced amount within a period of four weeks, the same will carry interest @ 6% per annum from the date of the present order, and the impugned award is modified accordingly."

Thus, in view of aforesaid compromise, this appeal stands

disposed of.

Any other pending application(s), if any, also stand(s)

disposed of.

Record, if laying before this Court, be sent back.

(SUDESH BANSAL),J

SACHIN/95

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