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2026 DAILYLAW 17651 (RAJ)

SMT. JYOTI PRAJAPAT W/O LATE SHRI SHANKAR LAL PRAJAPAT v. KASAMDEEN S/O SULTAN KHAN

CMA/2231/2025 · 2026-01-29

Ashutosh Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:4130] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2231/2025 1. Smt. Jyoti Prajapat W/o Late Shri Shankar Lal Prajapat, Aged 25 Years 2. Sushant S/o Late Shri Shankar Lal Prajapat, Aged 3 Years 3. Awani D/o Late Shri Shankar Lal Prajapat, Aged About 1 Years, Aged 1 Year 04 Months Appellants No.2 and 3 are minor through Natural Guardian Smt. Jyoti Prjapat W/o Late Shri Shankar Lal Prajapat 4. Ramjilal Prajapat S/o Shri Kaluram Prajapat, Aged 60 Years 5. Smt. Dhapa Devi W/o Shri Ramji Lal Prajapat, Aged 62 Years All are R/o Kumhar Dhani, Village-Bapi, Tehsil-Dausa, District-Dausa, Rajasthan. ----Claimants/Appellants Versus 1. Kasamdeen S/o Sultan Khan, R/o Shami Ka Bas Piproli, Police Station-Ramgarh, District-Alwar, Rajasthan. (Driver And Owner Vehicle No. Trailer No. RJ-02 GB- 8232). 2. The Oriental Insurance Company Limited, Through Regional Office, Regional Office, 9th, 10th Floor, NBCC Centre Sahkar Marg, Jaipur. (Insurance Company Vehicle No. Trailer No. RJ-02GB- 8232). ----Non-claimants/Respondents For Appellant(s) : Mr. Ritesh Jain, Adv. with Dr. Ramdeo Arya, Adv. & Ms. Poonam Mishra, Adv. For Respondent(s) : Ms. Anjali Assat, Adv. on behalf of Mr. Virendra Agrawal, Adv. [2026:RJ-JP:4130] (2 of 3) [CMA-2231/2025] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 29/01/2026 1. The present civil miscellaneous appeal has been filed by the claimants-appellants against the judgment and award dated 07.02.2025 passed by learned Motor Accident Claims Tribunal, Dausa (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.90/2024, whereby, the claim petition has been partly allowed and an award of Rs.19,20,696/- 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.2-Insurance Company submit that during pendency of this appeal, the parties have amicably settled their dispute by way of compromise and a copy of memo of compromise dated 16.12.2025 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.2,85,000/- (Rs. Two Lacs Eighty Five Thousand only) in all, meaning thereby the insurance company would make the payment of Rs.2,85,000/- (Rs. Two Lacs Eighty Five Thousand 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 [2026:RJ-JP:4130] (3 of 3) [CMA-2231/2025] 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 16.12.2025. 4. In view of the memo of compromise dated 16.12.2025, the present appeal stands disposed of. The impugned judgment and award dated 07.02.2025 passed by learned Motor Accident Claims Tribunal, Dausa in Claim Case No.90/2024 is modified accordingly. It is made clear that if the respondent No.2-Insurance Company fails to make the payment of Rs.2,85,000/- 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 16.12.2025 shall be treated as an integral part of this order. 6. Any other pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /44