Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 14232 (RAJ)

BAJAJ ALLIANZ GEN. INSURANCE CO LTD v. SMT KAMLA DEVI AND OTHERS

CMA/3372/2010 · 2026-09-03

Anuroop Singhi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:35542] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. Civil Miscellaneous Appeal No. 3372/2010 CNR: RJHC020437782010 | URN: CMA / 4667U / 2010 Bajaj Allianz General Insurance Company Ltd, having its Registered Office at GE Plaza, Airport Road, Yarawada, Pune - 411006 and having its Regional Office at O-12A, Ashok Marg, C- Scheme, Jaipur through its Constitute Attorney. ----Appellant Versus 1. Smt. Kamla Bai W/o Late Motilal, Aged about 38 years, 2. Dharam Singh @ Bablu S/o Late Shri Motilal, Aged about 22 years, 3. Vikram Singh S/o Late Shri Motilal, Aged about 18 years, 4. Kumari Meena D/o Late Shri Motilal, being minor through her natural guardian and mother Smt. Kamla Bai W/o Late Motilal All residents of Gandhi Colony, Baran, District Baran. 5. Hanuman S/o Shri Kishanlal, R/o Kotdi, Tehsil Baran, District Baran (Driver Tractor No.RJ-28-R-1921). 6. Kishanlal S/o Shri Gordhanlal, R/o Kotdi Soonda, Tehsil Baran, District Baran (Owner Tractor No.RJ-28-R-1921). 7. Sattu @ Satyanarayan S/o Ramnarayan, R/o Rajpura Ward, Baran, District Baran (Driver T.V.S. Motorcycle No.RJ-28-SA-7491) 8. Kiran Kumar & Company Proprietor Kiran Kumar S/o Mansukh Bhai, R/o Behind Dharmada Sanstha, Baran (Owner T.V.S. Motorcycle No.RJ-28-SA-7491). ----Respondents Connected With 2. S.B. Cross Objection (Civil) No. 14/2011 CNR: RJHC020011652011 | URN: XOBJC / 14U / 2011 Bajaj Allianz General Insurance Company Ltd, having its Registered Office at GE Plaza, Airport Road, Yarawada, Pune - 411006 and having its Regional Office at O-12A, Ashok Marg, C- Scheme, Jaipur through its Constitute Attorney. ----Appellant Versus 1. Smt. Kamla Bai W/o Late Motilal, Aged about 38 years, 2. Dharam Singh @ Bablu S/o Late Shri Motilal, Aged about 22 years, [2026:RJ-JP:35542] (2 of 3) [CMA-3372/2010] 3. Vikram Singh S/o Late Shri Motilal, Aged about 18 years, 4. Kumari Meena D/o Late Shri Motilal, being minor through her natural guardian and mother Smt. Kamla Bai W/o Late Motilal All residents of Gandhi Colony, Baran, District Baran. 5. Hanuman S/o Shri Kishanlal, R/o Kotdi, Tehsil Baran, District Baran (Driver Tractor No.RJ-28-R-1921). 6. Kishanlal S/o Shri Gordhanlal, R/o Kotdi Soonda, Tehsil Baran, District Baran (Owner Tractor No.RJ-28-R-1921). 7. Sattu @ Satyanarayan S/o Ramnarayan, R/o Rajpura Ward, Baran, District Baran (Driver T.V.S. Motorcycle No.RJ-28-SA-7491) 8. Kiran Kumar & Company Proprietor Kiran Kumar S/o Mansukh Bhai, R/o Behind Dharmada Sanstha, Baran (Owner T.V.S. Motorcycle No.RJ-28-SA-7491). ----Respondents For Appellant(s) : Mr. Virendra Agrawal with Ms. Anjali Assat For Respondent(s) : Mr. Sanjay Singhal HON'BLE MR. JUSTICE ANUROOP SINGHI Order 03/09/2026 Learned counsel for both the parties submit that a compromise has been entered into between the parties in terms of a memo of compromise, which has been duly filed and is part of record. On a specific query being made by the Court, learned counsel for both the parties submit that they have been duly authorized by their respective parties to execute the said compromise. The memo of compromise reads as under:- "MEMO OF COMPROMISE MAY IT PLEASE YOUR LORDSHIPS The insurance company and claimants have entered into the compromise and in view of the compromise arrived at between the parties the appeal is liable to dismissed as withdrawn. However, the Insurance Company is ready and willing to make [2026:RJ-JP:35542] (3 of 3) [CMA-3372/2010] further payment of Rs.5,00,000/- (Rupees Five Lakhs Only) in addition to the amounts already awarded by the Learned Tribunal, within a period of 2 months from the date of passing the Order on the basis of the Compromise, failing which it will carry interest @ 6% per annum thereafter till actual payment. Hence, the S.B. Civil Cross Objections No. 14/2011 also deserves to be disposed off on the basis of the Compromise." In view thereof, the present civil miscellaneous appeal stands disposed of in terms of the compromise arrived at between the parties. Accordingly, S.B. Cross Objection (Civil) No.14/2011 also stands disposed of. Pending application(s), if any, stands disposed of. The record be sent back to the Tribunal. (ANUROOP SINGHI),J JAYANT KUMAR /99-100