SMT. CHIDI DEVI W/O LATE SHRAWAN KUMAR v. SMT. SAROJ DEVI W/O JAGDISH PRASAD YADAV
CMA/1011/2024 · 2026-01-08
Ashutosh Kumar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 16739 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 16739 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:589] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1011/2024
1. Smt. Chidi Devi W/o Late Shrawan Kumar, Aged 48 Years
2. Narendra Kumar S/o Late Shrawan Kumar, Aged 28 Years
3. Surendra Kumar S/o Late Shrawan Kumar, Aged 26 Years
4. Narli Devi W/o Late Licchuram, Aged 70 Years All are Residents of Momasarbas, Ward No.4, Dungargarh, (Raj.) ----Claimants/Appellants Versus
1. Smt. Saroj Devi W/o Jagdish Prasad Yadav, R/o Gram Post Kanwarpura, Tehsil Kotputli, District Jaipur, (Raj.) (Hal Owner Of Truck Trailor No RJ32-GA-9240)
2. HDFC Ergo General Insurance Company Limited, through Authorized Officer, 3rd Floor, C-302, Upasna Tower, Subhash Marg Ahinsa Circle, C-Scheme, Jaipur, District Jaipur, 302001, (Raj.) (Hal Insurance Company Of Truck Trailor No RJ32-GA-9240, Effective Date 2.12.2011 To 1.12.2012, Insurance Policy No 2315200169816200000) Present Address- Gt Galleria, 2nd Floor, Near Ahinsa Circle, C- Scheme, Jaipur 302001, Rajasthan. ----Respondents/Non-Appellants For Appellants : Mr. Pradeep Mathur, Adv. with Mr. Ankit Nakwal, Adv. For Respondent : Mr. Virendra Agarwal, Adv. with Ms. Anjali Assat, Adv. (for respondent-Insurance Company) HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 08/01/2026
1. The present civil miscellaneous appeal has been filed by the claimants-appellants against the judgment and award dated 09.01.2024 passed by learned Motor Accident Claims Tribunal No.3, Kotputli, Jaipur (hereinafter referred to as the learned
[2026:RJ-JP:589] (2 of 3) [CMA-1011/2024] ‘Tribunal’) in MAC Case No.39/2022, whereby, the claim petition has been partly allowed and an award of Rs.6,37,400/- along with the interest @ 6% 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 08.01.2026 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 lump sum amount to the tune of Rs.2,00,000/- (Rs. Two Lacs only) in all, meaning thereby the insurance company would make the payment of Rs.2,00,000/- (Rs. Two 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, failing which it will carry interest @ 6% per annum thereafter till actual payment.”
3.
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
08.01.2026.
4. In view of the memo of compromise dated 08.01.2026, the present appeal stands disposed of. The impugned judgment and
[2026:RJ-JP:589] (3 of 3) [CMA-1011/2024] award dated 09.01.2024 passed by learned Motor Accident Claims Tribunal No.3, Kotputli, Jaipur in MAC Case No.39/2022 is modified accordingly. It is made clear that if the respondent No.2-Insurance Company fails to make the payment of Rs.2,00,000/- 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 @ 6% per annum on the aforesaid amount.
5. The terms of memo of compromise dated 08.01.2026 shall be treated as an integral part of this order.
6. Any pending applications also stand disposed of.
(ASHUTOSH KUMAR),J AARZOO ARORA /117-S.