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2026 DAILYLAW 18256 (RAJ)

SMT. NEERU KANWAR W/O LATE SHRI NAHAR SINGH v. BHAWANI SINGH S/O SHRI REWAT SINGH

CMA/3259/2025 · 2026-01-09

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:877] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3259/2025 1. Smt. Neeru Kanwar W/o Late Shri Nahar Singh, Aged About 32 Years, (Wife Of Deceased) 2. Master Bhanu Pratap Singh S/o Late Shri Nahar Singh, Aged About 9 Years, (Son Of Deceased) 3. Bebi Vanshika D/o Late Shri Nahar Singh, Aged About 41/2 Years. (Daughter Of Deceased) Appellants No.2 & 3 Minor Through Their Natural Guardian Mother Smt. Neeru Kanwar W/o Late Shri Nahar Singh. 4. Shri Madan Singh S/o Late Shri Gom Singh, Aged About 74 Years, (Father Of Deceased) 5. Smt. Risal Kanwar W/o Shri Madan Singh, Aged About 63 Years, (Mother Of Deceased) All are Residents of Durgapura, Piprali Dadiya, District Sikar At Present R/o Near Bhankrota, P.S. Bhankrota, Jaipur (Raj.). ----Appellants-Claimants Versus 1. Bhawani Singh S/o Shri Rewat Singh, R/o Kirdoli, Badi Sihot, Laxmangarh, District Sikar (Raj.) 332028 (At The Time Of Incident Driver Of Car No. RJ45-CJ-0649). 2. Shri Sukhram Bhamu S/o Shri Parasram, R/o D-202, Surya Apartment, Taranagar-D, Jhotwara, Jaipur (Raj.) 302012 (Registered Owner Of Car No. RJ45-CJ0649). 3. Universal Sompo General Insurance Company Ltd., Ground Floor & Basement, 29-B, White Saifayar Apartment, Govind Marg, Adarsh Nagar, Jaipur (Raj.) Policy No. SR-02891661, Insurance Validity Dated 14-10- 2020 To 13-10-2021 (Insurance Company Car No. RJ45- CJ-0649). 4. M/s SBI General Insurance Company Ltd., Branch Office, Jaipur (Raj.) Branch Office, Jaipur (Raj.) Policy No. SR-02891661, Insurance Validity Dated 14-10-2020 To 13-10-2021 (Insurance Company Car No. RJ45-CJ-0649). ----Respondents [2026:RJ-JP:877] (2 of 3) [CMA-3259/2025] For Appellant(s) : Mr. Praveen Kumar Jain, Adv. on behalf of Mr. Devendra Kuma Bhardwaj, Adv. For Respondent(s) : Mr. Virendra Agrawal, Adv. with Ms. Anjali Assat, Adv. (for respondent No.4-Insurance Company) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 09/01/2026 1. The present civil miscellaneous appeal has been filed by the claimants-appellants against the judgment and award dated 17.04.2025 passed by learned Special Judge, Printing and Stationery Embezzlement Cases and Motor Accident Claims Tribunal, Jaipur (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.238/2023, whereby, the claim petition has been partly allowed and an award of Rs.80,000/- 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.4-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 07.01.2026 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.4 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 [2026:RJ-JP:877] (3 of 3) [CMA-3259/2025] tune of Rs.30,000/- (Rs. Thirty Thousand only) in all, meaning thereby the insurance company would make the payment of Rs.30,000/- (Rs. Thirty 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 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.4-Insurance Company pray that the present appeal be disposed of, in the light of the memo of compromise dated 07.01.2026. 4. In view of the memo of compromise dated 07.01.2026, the present appeal stands disposed of. The impugned judgment and award dated 17.04.2025 passed by learned Special Judge, Printing and Stationery Embezzlement Cases and Motor Accident Claims Tribunal, Jaipur in Claim Case No.238/2023 is modified accordingly. It is made clear that if the respondent No.4-Insurance Company fails to make the payment of Rs.30,000/- 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 07.01.2026 shall be treated as an integral part of this order. 6. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /112-S.