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[2026:RJ-JP:12185] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3695/2017 Reliance General Insurance Company Limited, Through Divisional Office, Kota At Present At Man Upasana 6Th Floor, Sardar Patel Marg, C-Scheme, Jaipur Through Its Authorized Signatory (Insurer Of Vehicle Tavera No. RJ 20 UA 0677) ----Appellant-Non-claimant Versus
1. Lalit Bhardwaj S/o Shri Vishnu Shankar Bhardwaj, R/o 22/237, Mokhapada, Kota, At Present House No 198, Shastri Nagar, Dadabari, Kota Raj. -----Claimant-Respondent
2. Arif Mohammad S/o Shri Saddique Mohammad, R/o Kala Talab, Near Masjid, Police Station Railway Colony, Kota J. Raj. (Driver Of Vehicle Tavera No. RJ 20 UA 0677)
3. Manish Pareek S/o Shri Devkinandan, R/o Agarsen Bazar, Thana Makbara Rampura, Kotwali, Kota Raj. Owner Of Vehicle Tavera No. RJ 20 UA 0677) ----Non-claimants-Respondents Connected With S.B. Civil Miscellaneous Appeal No. 5741/2017 Lalit Bhardwaj S/o Shri Vishnu Shankar Bhardwaj, R/o 22/237, Moukhapada, Kota, Presently At House No. 198, Shastri Nagar, Dadabari, Distt. Kota ----Appellant-claimant Versus
1. Arif Mohammad S/o Saddik Mohammad R/o Near Kala Talab Masjid, P.s. Railway Colony, Kota Junction, Distt. Kota (Driver of Vehicle Tavera No. RJ-20-UA-0677)
2. Manish Pareek W/o Devkinandan, R/o Agarsen Bajar, P.S. Makbara Rampura, Kotwali, Kota (Owner Of Vehicle Tavera No. RJ-20-UA-0677
3. Reliance General Insurance Company Limited, Through Zone Manager, Kota (Insurer Tavera No. RJ-20-UA-0677) ----Respondents-defendants
[2026:RJ-JP:12185] (2 of 4) [CMA-3695/2017] For Appellant(s) : Mr. Rizwan Ahmed For Respondent(s) : Mr. Hariom Yadav for Mr. Amit Dadhich (for appellant in CMA No. 5741/2017) HON'BLE MR. JUSTICE SANDEEP TANEJA
Order 23/03/2026 S.B. Civil Miscellaneous Appeal No. 3695/2017 Heard.
Learned counsel for the appellant, on instructions, seeks permission to withdraw the present appeal in light of the compromise arrived at between the parties. Permission, as sought for, is granted. Accordingly, the present appeal is dismissed as withdrawn. S.B. Civil Miscellaneous Appeal No. 5741/2017
1. The present appeal has been filed by claimant-appellant (hereinafter referred to as ‘the claimant’) under section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 16.05.2017 passed by the learned Motor Accidents Claim Tribunal No. 1, Kota in Claim Application No. 3532/2014 (228/2009) whereby the claim petition filed by the claimant was partly allowed by awarding compensation of Rs.10,16,000/- along with interest @ 7.5% per annum in favour of the claimant. 2. At the outset, learned counsel for the claimant and the respondent No.3-Insurance Company jointly submit that during the pendency of this appeal, the parties have resolved their
[2026:RJ-JP:12185] (3 of 4) [CMA-3695/2017] dispute amicably and accordingly a settlement has been arrived at between them by way of compromise. 3. A copy of memo of compromise duly signed by the learned counsel for both the parties has been placed on record on
17.03.2026. On a specific query by this Court, learned counsel for both the parties submit that they are duly authorized by their respective parties to execute the memo of compromise, which reads as under:-
“The parties to this litigation i.e. Appellant– Claimant and Respondent–Insurance Company, have entered into compromise on the following terms:-
1. In addition to the award already passed by the Tribunal, a lump-sum amount of Rs. 3,70,000/- (Rs. Three Lac Seventy Thousand Only) (Including interest) shall be paid to claimant by insurance company by depositing the same before the learned Tribunal concern within 6 weeks from date of disposal of appeal in terms of this compromise towards full & final settlement of the claim. The award so enhanced is agreed to be paid to the claimants through saving bank account. The Claimants shall not claim any other amount or interest in respect of his claim. 2. In case, the insurance company fails to deposit the said amount within 6 weeks from the date of disposal of appeal in terms of this compromise, the claimants shall be entitled for interest at 6% PA after 6 weeks from the date of disposal of appeal in terms of compromise till payment is made. 3.
The appeal is agreed to be disposed off in terms of this compromise.”
4.
Learned counsel for both the parties jointly pray that the present appeal be disposed of in light of the compromise arrived at between the parties.
5. Considering the submission of learned counsel for both the parties and memo of compromise, it is directed that Insurance
[2026:RJ-JP:12185] (4 of 4) [CMA-3695/2017] Company shall pay a sum of Rs.3,70,000/- in all, to the claimant, in addition to the amount already awarded by the learned Tribunal within a period of six weeks, failing which the above amount shall carry interest @6% P.A.
6. Accordingly, the impugned judgment and award dated 16.05.2017 is modified. The terms of memo of compromise shall be treated as an integral part of this order.
7. The instant appeal is disposed of in the above terms.
8. All pending applications, if any, also stand disposed of.
(SANDEEP TANEJA),J SKS/89-90