[2025:RJ-JP:48766] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1015/2025 1. Kavita Devi W/o Late Jaynarayan Bairwa, aged about 37 years 2. Tikam S/o Late Jaynarayan Bairwa, aged about 16 years 3. Monu S/o Late Jaynarayan Bairwa, aged about 14 years 4. Sugna Devi W/o Babulal Bairwa, aged about 63 years, 5. Babulal Bairwa S/o Baghirath, aged about 68 years All claimants are R/o Mohanpura, Rajavatan, Kishorpura Tehsil Fagi District Jaipur Rajasthan ----Claimants/Appellants Versus 1. Kaluram S/o Ramjivan Bairwa, R/o Mumana, Tehsil Peeplu District Tonk Rajasthan (Vehicle Driver And Vehicle Owner Motorcycle No. RJ-14- XJ-8782) 2. HDFC ERGO General Insurance Company Limited, Branch Office C-98, Upasna Tower Subhash Marg C-Scheme, Jaipur Rajasthan (Insurance Company Motorcycle No. RJ-14-XJ-8782) ----Respondents/Non-claimants For Appellant(s) : Mr. Praveen Kumar Jain, Adv. For Respondent(s) : Mr. Virendra Agarwal, Adv. with Ms. Anjali Assat, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 01/12/2025 1. The present civil miscellaneous appeal has been filed by the appellant-Insurance Company against the judgment and award dated 28.11.2024 passed by learned Motor Accident Claims Tribunal, Tonk (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.304/2022, whereby, the claim [2025:RJ-JP:48766] (2 of 3) [CMA-1015/2025] petition has been partly allowed and an award of Rs.15,52,530/- along with the interest @ 7% per annum has been passed in favour of the claimants-appellants. 2. At the very outset, learned counsel for the claimants-appellants and the respondent No.2-Insurance Company submit that during pendency of this appeal, the parties have amicably settled the dispute between them by way of compromise and a copy of memo of compromise dated 27.11.2025 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:- “The humble claimants-appellants and respondent No.2 have entered into the compromise on the terms that the insurance company is ready and willing to make further enhancement of the compensation amount to the tune of Rs.3,00,000/- (Rs. Three Lacs Only) in all which includes interest parts as well, meaning thereby the insurance company would make the payment of Rs.3,00,000/- (Rs. Three Lacs Only) in addition to the amount already paid by the insurance company within two months from the date of passing the order on the basis of compromise.” 4. Learned counsel for the claimants-appellants and the respondent No.2-Insurance Company pray that the present appeal be disposed of, in the light of the memo of compromise dated 27.11.2025. 5. In view of the memo of compromise dated 27.11.2025, the present appeal stands disposed of. The impugned judgment and award dated 28.11.2024 passed by learned Motor Accident Claims [2025:RJ-JP:48766] (3 of 3) [CMA-1015/2025] Tribunal, Tonk in Claim Case No.304/2022 is modified accordingly. It is made clear that if the respondent No.2-Insurance Company fails to make the payment of Rs.3,00,000/- to the claimants/appellants within a period of two months from the date of receipt of certified copy of this order, the claimants-appellants shall be entitled to get the interest @ 8% per annum on the aforesaid amount. 6. The terms of memo of compromise dated 27.11.2025 shall be treated as an integral part of this order. 7. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /57