Rajasthan High Court
CMA/2421/2019 of KANWAR PAL SINGH S/O PRABHU SINGH Vs MANISH BANIYA S/O GULAB CHAND BANIYA on 20 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2421/2019 CNR: RJHC020414942019 | URN: CMA / 3832U / 2019 Kanwar Pal Singh S/o Prabhu Singh, Aged About 37 Years, R/o Banjadgarh, Post Khejadla, Via Pipad City, Tehsil Bilada, District Jodhpur. At Present R/o House No.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2421/2019
CNR: RJHC020414942019 | URN: CMA / 3832U / 2019
Kanwar Pal Singh S/o Prabhu Singh, Aged About 37 Years, R/o Banjadgarh, Post Khejadla, Via Pipad City, Tehsil Bilada, District Jodhpur. At Present R/o House No. H-16, Ganesh Nagar, Near Triveni School, Jodla Power House, Sikar Road, Jaipur.
----Claimant Appellant
Versus
1.
Manish Baniya S/o Gulab Chand Baniya, R/o House No.
449, Dhobi Ghat, Brahampuri, Jaipur (Driver Maruti Van No. Rj-14-Ua-7031)
2.
Gulab Chand Verma S/o Gheesi Lal, R/o House No. 55, Kailash Ashram, Dhobi Ghat, Brahampuri, Police Station Brahamapuri, Jaipur Rajasthan (Owner Maruti Van No. Rj- 14-Ua-7031)
3.
Bajaj Allianz General Insurance Company Limited, Having Its Regional Office At Ashok Marg, Ahinsa, Circle, C- Scheme, Jaipur Through Its Regional Manager (Insurer Maruti Van No. Rj-14-Ua-7031)
----Non-Claimant Respondents
For Appellant(s)
:
Mr. Vinay Mathur
For Respondent(s)
:
Mr. Mohsin on behalf of
Mr. Rizwan Ahmed for Insurance
Company
HON'BLE MR. JUSTICE GANESH RAM MEENA
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Order
20/08/2026
1. The present civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter is to be referred to as ‘the Act of 1988’) has been filed by the appellant/claimant for enhancement of the compensation amount which has been awarded by the Court of Motor Accident Claims Tribunal, No.01,
(2 of 3) [CMA-2421/2019] Jaipur Metropolitan, Jaipur (for short ‘the learned Tribunal’) vide its judgment and award dated 11.02.2019 in Claim Petition No.196/16 (C.I.S. No.202/16).
2. On the claim petition filed by the appellant/claimant, the learned Tribunal granted compensation to the tune of Rs.1,18,000/-.
3. The appellant/claimant and the respondent No.3 - Bajaj Allianz General Insurance Company Ltd. 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 amount to the tune of Rs.6,50,000/- (Six Lac Fifty Thousand) in addition to the amount already paid by the Insurance Company, shall be paid to the appellant/claimant by the respondent No.3- Insurance Company by depositing the same before the learned Tribunal concerned within a period of six weeks from the date of disposal of appeal on the basis of compromise and the same enhanced amount shall be disbursed to the appellant/claimant through saving bank account. It is also agreed that in case the respondent No.3- Insurance Company fails to pay/deposit the agreed amount within the above given time, the appellant/claimant shall be entitled for interest at the rate of 6% per annum after six weeks from the date of disposal of appeal in terms of compromise till payment is made.
4. Having regard to the agreement arrived at between the parties, the present civil misc. appeal is disposed of in the terms of compromise arrived at between the parties.
5. The respondent No.3- Insurance Company shall pay an additional sum of Rs.6,50,000/- to the appellant/claimant within a
(3 of 3) [CMA-2421/2019] period of six weeks from today, in addition to the amount of compensation awarded by the learned Tribunal vide its award dated 11.02.2019.
6. It is also made clear that in case the aforesaid additional amount is not paid to the appellant/claimant within the time specified, the appellant/claimant shall be entitled for interest at the rate of 6% per annum from today.
7. The appeal stands disposed of as above.
8. Any party committing breach of any condition of the compromise will be treated to be disobedience of this Court order. (GANESH RAM MEENA),J 192/ARTI SHARMA