Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 18355 (RAJ)

RELIANCE GENERAL INSURANCE COMPANY LIMITED v. SMT. MANOJ KANWAR WIFE OF LATE ROSHAN

CMAP/240/2024 · 2026-02-02

Anoop Kumar Dhand

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:4688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No.240/2024 In S.B. Civil Misc. Appeal No.6315/2017 Reliance General Insurance Company Limited, 406-408, 4th Floor, Green House, O-9, Ashok Marg, C-Scheme, Jaipur. ----Petitioner Versus 1. Smt. Manoj Kanwar Wife Of Late Roshan, R/o Gaon- Keharpura Kalan, Tehsil-Chidawa, District Jhunjhunu, Presently Residing At-39, Maharana Pratap Nagar, Khatipura, Jaipur (Raj. 2. Chand Kanwar D/o Late Roshan Singh, Being Minor, Represented Through Natural Guardian Smt. Manoj Kanwar) Resident Of- Gaon, Keharpura Kalan, Tehsil- Chidawa, District Jhunjhunu, Presently Residing At-3, Maharana Pratap Nagar, Khatipura, Jaipur (Raj.). 3. Tara Kanwar D/o Late Roshan Singh, Being Minor, Represented Through Natural Guardian Smt. Manoj Kanwar) Resident Of- Gaon, Keharpura Kalan, Tehsil- Chidawa, District Jhunjhunu, Presently Residing At-3, Maharana Pratap Nagar, Khatipura, Jaipur (Raj.). 4. Suraj Singh S/o Late Roshan Singh, Being Minor, Represented Through Natural Guardian Smt. Manoj Kanwar) Resident Of- Gaon, Keharpura Kalan, Tehsil- Chidawa, District Jhunjhunu, Presently Residing At-3, Maharana Pratap Nagar, Khatipura, Jaipur (Raj.). 5. Prem Singh S/o Late Roshan Singh, Being Minor, Represented Through Natural Guardian Smt. Manoj Kanwar) Resident Of- Gaon, Keharpura Kalan, Tehsil- Chidawa, District Jhunjhunu, Presently Residing At-3, Maharana Pratap Nagar, Khatipura, Jaipur (Raj.). 6. Aashu Singh S/o Late Bhanwar Singh, Resident Of- Gaon, Keharpura Kalan, Tehsil-Chidawa, District Jhunjhunu, Presently Residing At-3, Maharana Pratap Nagar, Khatipura, Jaipur (Raj.). 7. Ratan Kanwar W/o Bhanwar Singh, Resident Of- Gaon, Keharpura Kalan, Tehsil-Chidawa, District Jhunjhunu, [2026:RJ-JP:4688] (2 of 4) [CMAP-240/2024] Presently Residing At-3, Maharana Pratap Nagar, Khatipura, Jaipur (Raj.). 8. Ibrahim S/o Shri Killu, Resident Of Peeproli, Vp Aur Peeproli Tehsil Ramgarh, Alwar Rajasthan, At Present-At Ward No. 8, Feerozpur, Jirka, New Mewat, Haryana. (Driver And Owner). ----Respondents For Petitioner(s) : Mr. Rizwan Ahmed For Respondent(s) : Mr. Shashi Kumar (Through Video Conferencing) JUSTICE ANOOP KUMAR DHAND Order 02/02/2026 1. The matter comes up on misc. application seeking modification of the order dated 31.08.2022 passed by this Court while deciding S.B. Civil Misc. Appeal No.6315/2017 submitted by the non-applicant-Reliance General Insurance Company. 2. Learned counsel appearing on behalf of the claimant- applicant submits that the aforesaid appeal was decided on the basis of compromise between the parties and accordingly the same was disposed of vide order dated 31.08.2022, with the following observations and directions:- “Matter comes upon memo of compromise submitted by the parties. The claimants-appellants have agreed that the amount of Rs. 1,25,000/- be reduced along with accrued interest from the original amount of award i.e Rs.20,08,000/-. It has also been agreed between the parties that out of the balanced amount, 50% amount be disbursed to the claimants-appellants and the rest of the 50% amount be order to be kept in fixed deposit. [2026:RJ-JP:4688] (3 of 4) [CMAP-240/2024] The appeal-stands disposed of in terms of the compromise took place between the parties. The Tribunal is directed to refund a sum of Rs. 1,25,000/- with interest to the appellant-Insurance Company within a period of two months from the date of receipt of certified copy of this order. The Tribunal is further directed to disburse the 50% amount of the balanced amount of the award and rest of 50% amount be kept in fixed deposit in any nationalised bank initially for a period of one year to be renewed every year. All pending application(s), if any, also stand(s), disposed of. Record of the Tribunal be sent back forthwith.” 3. Learned counsel submits that pursuant to the aforesaid order, 50% of the balance amount has already been released in favour of the claimants and the remaining 50% of the amount has been ordered to be kept in Fixed Deposit in any nationalised bank. Learned counsel submits that in the last line of Para 3 of the aforesaid order, it has been directed by this Court that 50% of the balance amount be deposited in any nationalised bank as Fixed Deposit, initially for a period of one year subject to renewal every year, however, no fixed period has been specified for the deposit and its annual renewal. Hence, the claimant would never be able to claim the balance amount unless and until the order is clarified to that extent. 4. Learned counsel submits that the claimant-Manoj Kanwar, had to borrow certain amount for the expenses incurred in the marriage of her two daughters. Hence, the remaining balance amount be released in favour of the claimants. [2026:RJ-JP:4688] (4 of 4) [CMAP-240/2024] 5. Learned counsel appearing on behalf of the non-applicant- Insurance Company has no objection. 6. Heard and considered the submissions made at the Bar and perused the material available on the record. 7. This fact is not in dispute that S.B. Civil Misc. Appeal No.6315/2017 was disposed of, on the basis of compromise between the parties, by this Court vide order dated 31.08.2022. This fact is also not in dispute that the claimants have already received 50% of the balance amount. This fact is also not in dispute that the remaining 50% of the balance amount was ordered to be kept in a Fixed Deposit in any nationalised bank. 8. At the time of passing of the aforesaid order, final period for the Fixed Deposit was not specified and it was directed by this Court that the remaining 50% of the balance amount shall be kept in Fixed Deposit in any nationalised bank for a period of one year to be renewed every year. 9. Looking to the overall facts and circumstances of the case, this Court deems it just and proper to dispose of the instant misc. application with a direction to the Tribunal to disburse Rs.4 lacs to the claimants forthwith and the rest of the amount, which was kept in Fixed Deposit, is further directed to be redeposited in the bank for a period of five years. The interest accrued upon the aforesaid amount shall be disbursed to the claimant No.1-Manoj Kanwar on monthly basis up to the date of maturity. 10. Accordingly, the misc. application stands disposed of. (ANOOP KUMAR DHAND),J Karan/82