NADEEM KHAN AND ANOTHER v. ISHWAR SINGH AND OTHERS
CMA/4395/2016 · 2026-03-23
Sandeep Taneja
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6322 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6322 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:12075] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4395/2016
1. Nadeem Khan alias Abdul Nadeem S/o Shri Abdul Kareem Khan alias Kareem Khan, aged 32 years
2. Kum. Simran D/o Nadeem Khan alias Abdul Nadeem, aged 8 years, minor through natural guardian and father Nadeem Khan alias Abdul Nadeem S/o Abdul Kareem Khan alias Kareem Khan Both resident of Plot No. 39, Krishnapuri Rakadi, Hatwada Road, P. S. Sodala, District Jaipur ( Raj.) ----Appellants Versus
1. Ishwar Singh S/o Shri Govind Singh R/o village Sanvlod, Ghaylan, Tehsil and District Sikar (Raj.) at present through Shri Kishor Kumar Chaudhary S/o Shri Vidhadhar Chaudhary, R/o B-6, Bhagwati Nagar, Kartarpura, Jaipur and also resident of 392, Saudama Kutir Marg, Mahesh Nagar, Jaipur (Raj.)
2. Kishor Kumar Chaudhary S/o Shri Vidhadhar Chaudhary, R/o B-6 Bhagwati Nagar, Kartarpura, Jaipur and also R/o 392, Saudama Kutir Marg, Mahesh Nagar, Jaipur (Raj.).
3. The I.C.I.C.I. Lombard General Insurance Company Limited, Office, Bhagwati Bhawan, Near P. L. Motors, Sansar Chandra Road, Jaipur (Raj.) through Regional Manager. ----Non-Claimants-Respondents
4. Abdul Kareem Khan Alias Kareem Khan S/o Shri Bhure Khan, Aged 59 Years, R/o Plot no. 39, Krishnapuri Rakadi, Hatwada Road, P.S. Sodala, District Jaipur (Raj.)
5. Smt. Chunni W/o Shri Abdul Kareem Khan alias Kareem Khan Khan, aged 54 Years, R/o Plot No. 39, Krishnapuri Rakadi, Hatwada Road, P.S. Sodala, District Jaipur (Raj.) ---- Proforma Respondents For Appellant(s) : Mr. Sandeep Mathur For Respondent(s) : Mr. Chanderdeep Singh Jodha HON'BLE MR. JUSTICE SANDEEP TANEJA
Order 23/03/2026
1. The present appeal has been filed by claimants-appellants (hereinafter referred to as ‘the claimants’) under section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 24.05.2016 passed by the learned Judge, Motor Accidents
[2026:RJ-JP:12075] (2 of 3) [CMA-4395/2016] Claim Tribunal No. 1, Jaipur Metropolitan, Jaipur in claim case No. 833/2012 whereby the claim petition filed by the claimants was partly allowed by awarding compensation of Rs. 7,40,000/- along with interest @ 6% per annum in favour of the claimant.
2. At the outset, learned counsel for the claimants and the respondent No.3-Insurance Company jointly submit that during the pendency of this appeal, the parties have resolved their dispute amicably and accordingly a settlement has been arrived at between them by way of compromise.
3. A copy of memo of compromise duly signed by the learned counsel for both the parties has been placed on record on
18.03.2026. On a specific query by this Court, learned counsel for both the parties submit that they are duly authorized by their respective parties to execute the memo of compromise, which reads as under :-
"1. An additional lump-sum amount of Rs. 6,70,000/- Six Lakh Seventy Thousand only (including interest) shall be paid to the claimant by insurance company by depositing the same before tribunal concerns within 2 months 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 2 months from today i.e. from date of compromise order, claimants shall be entitled for interest at 6% PA from the date of compromise
order, till payment is made.
3. The appeal is agreed to be disposed of in terms of this compromise."
[2026:RJ-JP:12075] (3 of 3) [CMA-4395/2016]
4.
Learned counsel for both the parties jointly pray that the present appeal be disposed of in light of the compromise arrived at between the parties.
5. Considering the submission of learned counsel for both the parties and memo of compromise, it is directed that Insurance Company shall pay a sum of Rs.6,70,000/- in all, to the claimants, in addition to the amount already awarded by the learned Tribunal within a period of 2 months, failing which the above amount shall carry interest @6% per annum.
6. Accordingly, the impugned judgment and award dated 24.05.2016 is modified. The terms of memo of compromise shall be treated as an integral part of this order.
7. The instant appeal is disposed of in the above terms.
8. All pending applications, if any, also stand disposed of.
(SANDEEP TANEJA),J EKTA /17