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2026 DAILYLAW 17926 (RAJ)

SMT. GUNJAN W/O LATE SHRI RAVINDRA SHARMA v. KHAN ICE FACTORY AND CHILLING CENTRE

CMA/2789/2025 · 2026-01-19

Ashutosh Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:2084] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2789/2025 1. Smt. Gunjan W/o Late Shri Ravindra Sharma, Aged About 40 Years 2. Vishnu Sharma S/o Late Ravindra Kumar Sharma, Aged About 20 Years 3. Kumari Kirti Sharma D/o Late Shri Ravindra Kumar Sharma, Aged About 17 Years 4. Smt. Premwati W/o Late Jyotiram Sharma, Aged About 64 Years, Claimant-Appellant No.3 is minor through her Natural Guardian Mother Smt. Gunjan W/o Late Shri Ravindra Sharma, R/o Rundhiya Nagar, Bharatpur, Raj. All are R/o Rundhiya Nagar, Bharatpur, Raj. ----Claimants/Appellants Versus 1. Khan Ice Factory And Chilling Centre, Through Proprietor Mehmoob Khan S/o Hussaini, Khan Ice Factory And Chilling Centre, Naripura Mehboob Khan Nagla Heerasingh Mode, Jagner Road, Agra (U.P.) (Owner Of Vehicle) 2. Himmat Singh S/o Harkhyal Singh, R/o 305, Loriya Vaiman, Tehsil Kirawali, District Agra (U.P.) (Driver Of Vehicle) 3. S.B.I. General Insurance Company Limited, Through Branch Manager, 9, Kailashpuri, Infront Of B.M.W. Showroom, Tonk Road, Jaipur (Raj.) (Insurance Company Of Vehicle) ----Non-claimants/Respondents For Appellant(s) : Mr. Navankur Dubey, Adv. For Respondent(s) : Mr. Virendra Agarwal, Adv. with Ms. Anjali Assat, Adv. (for respondent No.3) [2026:RJ-JP:2084] (2 of 3) [CMA-2789/2025] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 19/01/2026 1. The present civil miscellaneous appeal has been filed by the claimants-appellants against the judgment and award dated 25.02.2025 passed by learned Motor Accident Claims Tribunal, District Bharatpur (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.260/2020, whereby, the claim petition has been partly allowed and an award of Rs.25,44,268/- along with the interest @ 7% 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 19.01.2026 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.3 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.1,65,000/- (Rs. One Lac Sixty Five Thousand only) in all, meaning thereby the insurance company would make the payment of Rs.1,65,000/- (Rs. One Lac Sixty Five Thousand only) in addition to the amount already paid by the insurance company within two months from the date of passing the [2026:RJ-JP:2084] (3 of 3) [CMA-2789/2025] 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.3-Insurance Company pray that the present appeal be disposed of, in the light of the memo of compromise dated 19.01.2026. 4. In view of the memo of compromise dated 19.01.2026, the present appeal stands disposed of. The impugned judgment and award dated 25.02.2025 passed by learned Motor Accident Claims Tribunal, District Bharatpur in Claim Case No.260/2020 is modified accordingly. It is made clear that if the respondent No.3-Insurance Company fails to make the payment of Rs.1,65,000/- 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 19.01.2026 shall be treated as an integral part of this order. 6. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /102S.