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[2026:RJ-JP:1284] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2244/2025
1. Rekha Kumari, Aged About 34 Years, W/o Late Shri Rameshwar Prasad Bairwa,
2. Kumari Bhavna Madhukar, Aged About 14 Years, D/o Late Shri Rameshwar Prasad Bairwa, Minor Through Natural Guardian Mother Rekha Kumari W/o Late Shri Rameshwar Prasad Bairwa.
3. Samarth Madhukar, Aged About 9 Years, S/o Late Shri Rameshwar Prasad Bairwa, Minor Through Natural Guardian Mother Rekha Kumari W/o Late Shri Rameshwar Prasad Bairwa.
4. Kalyan Sahai, Aged About 67 Years, S/o Late Shri Rameshwar Prasad Bairwa,
5. Santra Devi W/o Kalyan Sahai, Aged About 62 Years, All R/o Budlya Ka Bass, Raipura Brahmanan, Tehsil - Sikrai, District Dausa. ----Appellants/Claimants Versus
1. Ramdev S/o Ghasilal, R/o Padli, Tehsil- Dausa, District - Dausa, (Driver Maruti Taxi Car No. Rj 40 Ta 0336)
2. Ramji Lal Bairwa S/o Heera Lal Bairwa, R/o Bhandrej Mod Mitrapura, Tehsil- Dausa, Rajasthan. (Owner Maruti Taxi Car No. Rj 40 Ta 0336)
3. Shri Ram General Insurance Company Limited, Through Branch Manager, Branch Office, E.p.i.p - 8 Sitapura Industrial Area, Jaipur. (Insurance Company Maruti Taxi Car No. Rj 40 Ta 0336) ----Respondents/Non-Claimants For Appellant(s) : Dr. Ramdeo Arya, Adv. on behalf of Ms. Sweta Pareek, Adv. For Respondent(s) : Mr. Chanderdeep Singh Jodha, Adv. with Mr. Vikas Bana, Adv.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 13/01/2026
1. The present civil miscellaneous appeal has been filed by the claimants-appellants against the judgment and award dated 24.02.2025 passed by learned Motor Accident Claims Tribunal,
[2026:RJ-JP:1284] (2 of 3) [CMA-2244/2025] Dausa, Rajasthan (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.09/2024, whereby, the claim petition has been partly allowed and an award of Rs.88,88,784/- along with the interest @ 7.5% 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.3-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 13.01.2026 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:-
“1. An additional lump-sum amount of Rs. 18,00,000/- Eighteen Lakh only (including interest) shall be paid to the claimant by insurance company by depositing the same before tribunal concerns within 6 weeks from today i.e. from date of compromise order in full and final settlement of appeal with claimants. The said enhancement amount shall be disbursed to the claimants through saving bank account.
2. In case, the insurance company fails to deposit the said amount within 6 weeks from today i.e. from date of compromise order, claimants shall be entitled for interest at 6% PA from the date of compromise order, till payment is made.
3. The appeal is agreed to be
disposed of in terms of this compromise.”
[2026:RJ-JP:1284] (3 of 3) [CMA-2244/2025]
3.
Learned counsel for the claimants-appellants and the respondent No.3-Insurance Company pray that the present appeal be disposed of, in the light of the memo of compromise dated
13.01.2026.
4. In view of the memo of compromise dated 13.01.2026, the present appeal stands disposed of. The impugned judgment and award dated 24.02.2025 passed by learned Motor Accident Claims Tribunal, Dausa, Rajasthan in Claim Case No.09/2024 is modified accordingly. It is made clear that if the respondent No.3-Insurance Company fails to make the payment of Rs.18,00,000/- to the claimants-appellants within a period of 6 weeks 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 13.01.2026 shall be treated as an integral part of this order.
6. Any pending applications also stand disposed of.
(ASHUTOSH KUMAR),J Mohita /86