Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:17292] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1309/2012
1. Smt Rihana w/o Marhoom Shaukut Mev, aged about 30 years,
2. Rooksar d/o Marohoom Shaukut, aged about 12 years, minor through Guardian mother Smt.Rihana
3. Mumtaj D/o Marhoom Shaukut, aged about 10 years, minor through Guardian Mother Smt. Rihana
4. Sania D/o Marhoom Shaukut, aged about 8 years,
5. Sharifan w/o late Laad Khan aged about 62 years, All r/o Gram Nangla, Tehsil Kathumar, District Alwar. ---Claimants-Appellant Versus
1. Bharat Singh s/o Sukhchand Gurjar Profession Teacher r/o Gram Methla, P.S. Thesil Kathumar, District Alwar. [Drive Vehicle Motocycle No.RJ-02-SD-7276]
2. Prem Singh son of Shri Mahendra Singh r/o Modubadka, P.S. Kathumar, District Alwar [Owner Vehicle Motocycle No.RJ-02-SD-7276]
3. United India Insurance Company Limited, Area Office, Alwar, [Insurance Company Vehicle Motorcycle Motorcycle No.RJ-02-SD-7276 Insurance Cover Note No.836979] ---Non-Claimants-Respondents For Appellant(s) : Mr. Hanish Khan For Respondent(s) : Ms. Manju Jain through VC HON'BLE MR. JUSTICE SANDEEP TANEJA
Judgment 23/04/2026
1. Heard learned counsel for the parties on the application filed under Section 5 of the Limitation Act, for condonation of delay in filing the present appeal.
2.
Learned counsel for the parties jointly submit that during the pendency of this appeal, the parties have resolved their dispute amicably by way of a compromise.
3. In view of the fact that parties have entered into a compromise and learned counsel for the Insurance Company has no objection in allowing the present application for condonation of delay, the application is allowed and delay in filing the appeal is condoned.
4. With the consent of learned counsel for the parties, the matter is heard finally.
[2026:RJ-JP:17292] (2 of 2) [CMA-1309/2012]
5.
Learned counsel for the parties jointly pray that the present appeal be disposed of in light of the compromise so arrived at between the parties.
6. A copy of memo of compromise duly signed by learned counsel for the claimants and the Insurance Company, has been placed on record. On a specific query by this Court, learned counsel for the parties submit that they are duly authorized by their respective parties to execute the memo of compromise, which reads as under:-
"The parties to this litigation i.e. Appellant- Claimants and Respondent-No.3, United India Insurance Company Limited have entered into compromise on the following terms:-
1. An additional lump-sum amount of Rs.6,50,000/- Six lakh Fifty 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 ie. from the date of compromise order, claimants shall be entitled for interest at 6% PA from date of compromise order, till payment is made.
3. The appeal is agreed to be disposed of in terms of this compromise.”
7. In view of the above, the present appeal, filed against the
judgment and award dated 23.04.2009 passed by Motor Accident Claim Tribunal, Alwar (Raj.) in Claim Petition No.315/2007, is disposed of in terms of the compromise arrived at between the parties.
8. All pending applications, if any, also stand disposed of.
(SANDEEP TANEJA),J TN/34