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2026 DAILYLAW 18098 (RAJ)

DHARA SINGH JAT S/O JAGANNATH v. PUSHPENDRA GAUTAM S/O BRAHMANAND @ BHARMANAND

CMA/2985/2025 · 2026-01-20

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:2421] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2985/2025 Dhara Singh Jat S/o Jagannath, Aged About 33 Years, R/o Kaaroli Ghata, Tehsil Khandaar, District Sawaimadhopur ----Appellant Versus 1. Pushpendra Gautam S/o Brahmanand @ Bharmanand, Aged About 22 Years, R/o Yadav Colony, Khatoli, Police Station Khatoli, District Kota (Driver Car No. RJ19/CF4449) 2. Shri Ram General Insurance Company Limited, E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan (Insurance Company Car No. RJ19/CF4449) ----Respondents 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. (for respondent No.2) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 20/01/2026 1. The present civil miscellaneous appeal has been filed by the claimant-appellant against the judgment and award dated 05.12.2024 passed by learned Motor Accident Claims Tribunal, District Sawai Madhopur (hereinafter referred to as learned ‘Tribunal’) in Claim Case No.69/2024, whereby, the claim petition has been partly allowed and an award of Rs.11,07,916/- along with the interest @ 6% per annum has been passed in favour of the claimant-appellant. [2026:RJ-JP:2421] (2 of 3) [CMA-2985/2025] 2. At the very outset, learned counsel for the claimant-appellant 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 13.01.2026 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:- “The parties to this litigation i.e. Appellants-Claimants and Respondent No.2, Shriram General Insurance Company have entered into compromise on the following terms:- 1. An additional lump sum amount of Rs.10,50,000/- Rs. Ten Lakh Fifty Thousand 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 @ 6% PA from the date of compromise order, till payment is made. 3. The appeal is agree to be disposed of in terms of this compromise.” 3. Learned counsel for the claimant-appellant and the respondent No.2-Insurance Company pray that the present appeal [2026:RJ-JP:2421] (3 of 3) [CMA-2985/2025] 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 05.12.2024 passed by learned Motor Accident Claims Tribunal, District Sawai Madhopur in Claim Case No.69/2024, is modified accordingly. It is made clear that if the respondent No.2- Insurance Company fails to make the payment of Rs.10,50,000/- to the claimant-appellant within a period of six weeks from the date of receipt of certified copy of this order, the claimant- appellant shall be entitled to get the interest @ 6% per annum on the aforesaid amount. 6. The terms of memo of compromise dated 13.01.2026 shall be treated as an integral part of this order. 7. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /127-S.