[2025:RJ-JP:14417] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4819/2019 Shriram General Insurance Company Pvt. Ltd., E-8, EPIP RIICO Industrial Area, Sitapura, Jaipur Rajasthan Through Its Constituted Attorney (Insurance Company Of Vehicle Canter Tata 909 No. Rj-13-Ga-9691) ----Appellant Versus 1. Smt. Dhanpati Devi W/o Late Banwari Lal, Aged About 52 Years, R/o Ghadelnagar, Kolida, Tehsil And District Sikar (Raj) 2. Anita D/o Late Banwari Lal, Aged About 26 Years, R/o Ghadelnagar, Kolida, Tehsil And District Sikar (Raj) 3. Monika D/o Late Banwari Lal, Aged About 23 Years, R/o Ghadelnagar, Kolida, Tehsil And District Sikar (Raj) 4. Praveen S/o Late Banwari Lal, Aged About 21 Years, R/o Ghadelnagar, Kolida, Tehsil And District Sikar (Raj) 5. Bhagirathmal S/o Hanumanprasad, R/o Singodada Presently R/o Ward No. 16 Laxmangarh, District Sikar (Raj) (Died On 26.07.2016) (Driver Of Vehicle Canter Tata 909 No. Rj-13-Ga-9691) 6. Ganpat Singh S/o Chandidan, R/o Johade Main Dhani Manasiya, Tehsil Laxmangarh, District Sikar (Raj) (Registered Owner Of Vehicle Canter Tata 909 No. Rj-13- Ga-9691) 7. Smt. Tulsi W/o Late Ramdevaram, Aged About 81 Years, R/o Ghadelnagar, Kolida, Tehsil And District Sikar (Raj) ----Respondents For Appellant(s) : Mr. Virendra Agrawal, Adv. For Respondent(s) : Ms. Akriti Mathur, Adv. for Mr. Amit Singh Shekhawat, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 28/03/2025 1. Heard on application No.1877/2019 for condonation of delay in filing S.B. Civil Miscellaneous Appeal No. 4819/2019. [2025:RJ-JP:14417] (2 of 3) [CMA-4819/2019] 2. Taking into consideration the period of delay of 129 days and the cause shown in the application, this Court is inclined to condone the delay. 3. Accordingly, delay in filing the appeal is condoned and application under Section 5 of the Limitation Act is allowed. 4. This appeal has been filed by the appellant-Insurance Company against the judgment and award dated 29.01.2019 passed by learned Motor Accident Claims Tribunal, Sikar (Rajasthan) (hereinafter referred to as the 'Tribunal') in Claim Case No.118/2013 titled as Smt. Dhanpati Devi & Ors. Vs. Bhagirathmal & Ors., by which a total award of compensation of Rs.5,40,011/- has been passed in favour of the claimants- respondents. 5. A memo of compromise has been submitted today in the Court itself and the same is taken on record. Compromise deed has been signed by Mr. Virendra Agrawal, learned counsel for Insurance Company and Mr. Amit Singh Shekhawat, learned counsel for claimants-respondent Nos. 1 to 4. Both the counsel appearing on behalf of the parties accept the factum of compromise arrived at between the parties. 6. As per the compromise deed, the Insurance Company undertakes to pay an amount of Rs.6,50,000/-, in addition to the amount deposited in this matter by the Insurance Company. Learned counsel appearing on behalf of the Insurance Company submits that Insurance Company has deposited the amount of Rs.50,000/- under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') and Rs.25,000 under Section 173 of the Act of 1988 for filing of this appeal. [2025:RJ-JP:14417] (3 of 3) [CMA-4819/2019] 7. Learned counsel for the appellant and claimants submit that total Rs.75,000/- have already been deposited by the Insurance Company with the learned Tribunal and in addition to that amount of Rs.75,000/-, amount of Rs.6,50,000/- will be deposited within two months from the date of passing of this order before the learned Tribunal, failing which the claimants shall be entitled to get interest on the amount of Rs.6,50,000/- @ 6% per annum from the date of compromise till actual payment. 8. In that view of the matter, the appeal is disposed of in view of the compromise arrived at between the Insurance Company and the claimants. The Insurance Company is directed to deposit Rs.6,50,000/- within two months from the date of passing of this order before learned Tribunal. Learned Tribunal shall disburse the amount to the claimants in terms of the above. 9. With the above observations, the appeal is disposed of. 10. Pending application(s), if any, also stands disposed of. (ASHUTOSH KUMAR),J Mohita /178