[2025:RJ-JP:3296] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2719/2022 1. Ramesh Chand Meena S/o Bhagwan Sahai Meena, Aged About 49 Years, R/o 55, Dhani Doodhwal, Vijaypura Toda, Bhata, Tehsil Bassi, District Jaipur (Driver Of Tractor No. Rj-14-Ra-4428). 2. Kalyan Meena S/o Shri Jhutharam Meena, R/o Jhol, Tehsil Jamwaramgarh, District Jaipur. (Registered Owner Of Tractor No. Rj 14-Ra-4228). ----Appellants Versus 1. Kamli Devi @ Uganti Devi W/o Late Prahlad Meena, Aged About 34 Years, (Wife Of Deceased) Resident Of Meeno Ka Bad, Buj Road, Tan Nayla, District Jaipur. 2. Manphooli D/o Shri Bhagwan Sahai, Aged About 30 Years, (Disabled Sister Of Deceased)Resident Of Meeno Ka Bad, Buj Road, Tan Nayla, District Jaipur. 3. Laduram S/o Shri Bhagwan Sahai, Aged About 28 Years, (Brother Of Deceased (Minor At The Time Of Filing Of Claim Petition). Resident Of Meeno Ka Bad, Buj Road, Tan Nayla, District Jaipur. 4. Bardi Devi W/o Shri Bhagwan Sahai, Aged About 52 Years, (Mother Of Deceased) Resident Of Meeno Ka Bad, Buj Road, Tan Nayla, District Jaipur. 5. Bhagwan Sahai S/o Shri Jhutharam, Aged About 64 Years, (Father Of Deceased) Resident Of Meeno Ka Bad, Buj Road, Tan Nayla, District Jaipur. 6. United India Insurance Company Limited, Through Regional Manager, Regional Office Sahara Chambers, Tonk Road, Jaipur (Insurance Company Of Tractor No. Rj 14- Ra-4228). ----Respondents For Appellant(s) : Mr. Nitesh Pareek For Respondent(s) : Mr. V.P. Mathur HON'BLE MR. JUSTICE ASHOK KUMAR JAIN [2025:RJ-JP:3296] (2 of 3) [CMA-2719/2022] Order 23/01/2025 1. Considered application Nos. 1/2024, 2/2024 and 3/2024 filed to bring legal heirs of appellant No.2 (Kalyan Meena) on record, who expired on 14.06.2023. 2. Having considered the submissions of counsels for the parties. 3. Applications are allowed and the legal heirs as proposed in the applications are taken on record after condonation of delay and setting aside of abatement, if any. 4. Applications stand disposed of. 5. Amended cause title is taken on record. 6. Learned counsel for appellants submits that in the instant case, learned Tribunal has passed an award and directed Insurance Company to first make payment and later recover from driver and owner. He submits that in pursuant to order, the Insurance Company has already satisfied the award by making payment to the claimants and now the appellants have deposited ₹8,75,000/- to the Insurance Company to indemnify the Insurance Company in lieu of payment made to the claimants. He submits that that they have moved an application No. 1/2025 and same be allowed and the appeal be disposed of. 7. Office has pointed out a delay of 1156 days and a CMCC No. 768/2022 is filed under Section 5 of Limitation Act. 8. Learned counsel for Insurance Company has no objection in case, application is allowed. [2025:RJ-JP:3296] (3 of 3) [CMA-2719/2022] 9. Having considered the fact that the parties have settled their dispute, therefore, the application is allowed and delay is condoned. 10. Considering the terms of settlement as mentioned in application No. 1/2025, the instant appeal is disposed of in terms of settlement between appellant and respondent No.6 (Insurance Company). 11. The appellants are entitled to refund ₹25,000/- pre-deposit submitted by them before learned Tribunal. The Tribunal is directed to refund the amount to the appellants or any of the appellant(s), if remaining authorized him/her. 12. Application stands disposed of. 13. Misc. appeal is also disposed of in aforesaid terms. 14. Pending application, if any, also stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /11