Rajasthan High Court

CMA/526/2009 of SMT SURSA AND ORS Vs HARI SINGH AND ANR on 13 March 2026

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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 526/2009 1. Smt. Sursa W/o Shri Shyam Lal, R/o Sad Mohalla, Lohiya Mandi, Deeg Bharatpur 2. Shyam Lal S/o Shri Chiranjilal, R/o Sad Mohalla, Lohiya Mandi, Deeg Bharatpur 3. Tularam S/o Sh. Shyamlal, R/o Sad Mohalla,

[2026:RJ-JP:10620]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 526/2009

1.

Smt. Sursa W/o Shri Shyam Lal, R/o Sad Mohalla, Lohiya Mandi, Deeg Bharatpur

2.

Shyam Lal S/o Shri Chiranjilal, R/o Sad Mohalla, Lohiya Mandi, Deeg Bharatpur

3.

Tularam S/o Sh. Shyamlal, R/o Sad Mohalla, Lohiya Mandi, Deeg Bharatpur

4.

Ramdhan S/o Shri Dalram, R/o Rambagh, Tehsil Deeg, Distt. Bharatpur

----Appellants

Versus

1.

Hari Singh S/o Shri Kishan, R/o Khatik Mohalla, Deeg, Distt. Bharatpur

2.

United India Insurance Company Ltd. Through Its Divisional Manager, Kumher Gate, First Floor, Numaish Road, Bharatpur

----Respondents

For Appellant(s)

:

Mr. Hemendra Goyal

For Respondent(s)

:

Mr. V.P. Mathur

Mr. Amit Agarwal for

Mr. Prateek Sharma

HON'BLE MR. JUSTICE SANDEEP TANEJA

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Order

13/03/2026

1. The present miscellaneous appeal has been preferred on behalf of the appellants under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 11.12.2008 passed by learned Motor Accident Claims Tribunal & Additional District and Sessions Judge, No.1, Deeg (Bharatpur) in M.A.C. Case No.76/2002, whereby and whereunder learned Tribunal has awarded a sum of Rs.1,00,000/- along with interest @ 7.5% per annum, in favour of respondent-claimant No.1, to be paid by the appellants, and the Insurance Company was exonerated.

[2026:RJ-JP:10620] (2 of 2) [CMA-526/2009]

2. After arguing for some time, learned counsel appearing for both the parties are at consensus that the amount of compensation may be reduced by Rs.25,000/- i.e. from Rs.1,00,000/- to Rs.75,000/-.

3. In view of the aforesaid consented terms, the impugned award dated 11.12.2008 passed by learned Tribunal in MAC No.76/2002, is modified to the extent that the amount of Rs.1,00,000/- so awarded by the learned Tribunal is reduced to Rs.75,000/-. The remaining terms and conditions of the impugned award shall remain intact.

4. The instant appeal is accordingly disposed of.

5. Pending application(s), if any, also stands disposed of. (SANDEEP TANEJA),J SAHIL SONI /26

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