[2025:RJ-JP:43550] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 303/2016 1. Madan Mohan S/o Babu Lal, R/o Shyalawas Kalan, Tehsil Baswa, P.S. Bandikui, District Dausa. 2. Kamruddin Khan S/o Allauddin Khan, R/o Behind P.S. Ward No. 8, Bandikui, Tehsil Baswa, District Dausa ----Appellants/ Non-Claimants No.1 & 2 Versus 1. Anita W/o Siyaram @ Rinku R/o Khati Mohalla, Baswa, Tehsil Baswa, District Dausa ----Respondent/Claimant 2. The New India Insurance Company Ltd. Through Divisional Manager, Transport Nagar, Jaipur ----Respondent/Non-Claimant For Appellant(s) : Ms. Poonam Chand Sharma For Respondent(s) : Mr. Ganesh Joshi HON'BLE MR. JUSTICE MANEESH SHARMA Order 30/10/2025 1. The present civil miscellaneous appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 by the appellants, challenging the award dated 07.11.2015 passed by the Judge, Motor Accident Claims Tribunal, Bandikui District Dausa in Claim Case No.112/2012, whereby the claim petition was partly allowed and amount of Rs.2,49,680/- along with the interest of 6% per annum has been awarded in favour of the claimants and the insurance company was exonerated. 2. Learned counsel for the appellants submits that during the pendency of the present appeal, in the execution proceedings on 21.05.2024, a partial compromise has been recorded and [2025:RJ-JP:43550] (2 of 2) [CMA-303/2016] appellant No.2-Kamruddin Khan has paid full and final settlement amount of Rs.1,10,000/- to the claimants and in that view of the matter, the execution proceedings qua appellant No.2-Kamruddin Khan stands concluded. 3. He further submits that during pendency of the present appeal, the execution proceedings remain continued qua appellant No.1-Madan Mohan, however, the main execution proceedings initiated by the respondent-claimant-Anita were also dismissed in default vide order dated 08.07.2024. 4. Learned counsel submits that the present appeal has become infructuous. 5. Accordingly, the present appeal is dismissed as having been rendered infructuous, however, appellant No.1-Madan Mohan is at liberty to make an application for revival of the appeal, in case, the execution is restored or if any cause of action still survives. 6. Any other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /4