[2026:RJ-JP:20360] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 139/2019 1. Saraswati Devi @ Sharbo W/o Late Shri Dhudaram, Aged 37 Years 2. Miss Hansa D/o Late Shri Dhudaram, Aged 20 Years 3. Miss Kavita D/o Late Shri Dhudaram, Aged 18 Years 4. Miss Saroj D/o Late Shri Dhudaram, Aged 16 Years 5. Miss Krishna D/o Late Shri Dhudaram, Aged 15 Years 6. Miss Sunita D/o Late Shri Dhudaram, Aged 13 Years 7. Miss Amita D/o Late Shri Dhudaram, Aged 11 Years 8. Manoj D/o Late Shri Dhudaram, Aged 9 Years 9. Miss Manisha D/o Late Shri Dhudaram, Aged 8 Years, No. 4 To 9 Are Minor And Through Natural Guardian Mother Smt. Saraswati Devi, No. 1. R/o- Govindpura Dhabhai, Tehsil-Shahpura, District Jaipur ----Appellants/Claimants Versus 1. Vinod Kumar S/o Shyam Sunder, R/o Khadra Shishilar, Tehsil-Nohda, District-Ammirpur, Uttarpradesh And Hero Honda Chowk, Sikandarapura, District-Gudgaon, Haryana. (Driver, Truck Container No. HR-55-E-5271) 2. Shridhyan Auto Transport Corporation, 1, Opposite Chetna Kendra, Near Airport Station, Dharjipura, Amliyara, Hn-8, Badodra, Gujrat. Through Partners. (Owner, Truck Container No. HR-55-E-5271) 3. L & T General Insurance Co. Ltd., Through Regional Manager, L And T House, N.M. Marg, Balad Estate, Mumbai-400001. (Insurance Co., Truck Container No. HR- 55-E-5271) ----Non-claimants/Respondents Connected With S.B. Civil Miscellaneous Appeal No. 3916/2018 L & T General Insurance Company Ltd., Through Divisional Manager, L & T House, N.M. Marg, Balard Estate, Mumbai- 400001 Through Its Constituted Attorney (Owner Of Truck Container No. HR-55-E-5271) ----Non-Claimant/Appellant [2026:RJ-JP:20360] (2 of 5) [CMA-139/2019] Versus 1. Saraswati Devi @ Sharbo W/o Late Shri Dhudaram, Aged About 37 Years 2. Kumari Hansa D/o Late Shri Dhudaram, Aged About 20 Years 3. Kumari Kavita D/o Late Shri Dhudaram, Aged About 18 Years 4. Kumari Saroj D/o Late Shri Dhudaram, Aged About 16 Years, 5. Kumari Krishna D/o Late Shri Dhudaram, Aged About 15 Years 6. Kumari Sunita D/o Late Shri Dhudaram, Aged About 13 Years 7. Kumari Amita D/o Late Shri Dhudaram, Aged About 11 Years 8. Manoj S/o Late Shri Dhudaram, Aged About 9 Years 9. Kumari Manisha D/o Late Shri Dhudaram, Aged About 8 Years All R/o Govindpura Dhabhai, Tehsil Shahpura, District Jaipur. ----Claimants/Respondents 10. Vinod Kumar S/o Shyam Sundar, R/o Khadra Shishilar, Tehsil Nohda, District Ammirpur, Uttar Pradesh, Second Address Hero Honda Chowk, Sikandarpura, District Gurgaon (Haryana) (Driver Of Truck Container No. HR-55- E-5271) 11. Shri Dhyan Auto Transport Corporation, 1, Opposite Chetna Kendra, Near Airforce Station, Dharjipura, Amliyara NH-8 Badodara, Gujarat Through All Partners (Owner Of Truck Container No. HR-55-E-5271) ----Non-claimants/Respondents For Appellant(s) : Mr. Keshav Kumar Agrawal, Adv. For Respondent(s) : Mr. Virendra Agrawal, Adv. with Ms. Anjali Assat, Adv. & Mr. Prijwal Kumar, Adv. [2026:RJ-JP:20360] (3 of 5) [CMA-139/2019] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 14/05/2026 In S.B. Civil Miscellaneous Appeal No. 139/2019- 1. The present civil miscellaneous appeal has been filed by the claimants-appellants against the judgment and award dated 18.05.2018 passed by learned Motor Accident Claims Tribunal, Shahpura, District Jaipur in Claim Case No.224/2012, whereby, the claim petition has been partly allowed and an award of Rs.9,12,180/- along with the interest @ 9% 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.3-Insurance Company submit that during pendency of this appeal, the parties have amicably settled dispute between them by way of compromise and a copy of memo of compromise dated 14.05.2026 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:- “The Insurance Company and Claimant have entered into compromise on the terms mentioned as under:- That the parties have entered into compromise and the Claimant has given his free consent to compromise the matter for further enhancement of the compensation amount to the tune of Rs.3,15,000/- (Rs. Three Lacs Fifteen Thousand only) in all meaning thereby the Insurance company would make the payment of Rs.3,15,000/- (Rs. Three Lacs Fifteen Thousand only) all, in addition to the amount already awarded by Learned Tribunal. That the amount [2026:RJ-JP:20360] (4 of 5) [CMA-139/2019] would be deposited within six weeks from the date of compromise failing which it will carry interest @ 6% per annum from date of compromise till actual payment. That the Appeal deserves to be disposed of in terms of compromise." 3. Learned counsel for the claimants-appellants and the respondent No.3-Insurance Company pray that the present appeal may be disposed of, in the light of the memo of compromise dated 14.05.2026. 4. In view of the memo of compromise dated 14.05.2026, the present appeal stands disposed of. The impugned judgment and award dated 18.05.2018 passed by learned Motor Accident Claims Tribunal, Shahpura, District Jaipur in Claim Case No.224/2012, is modified accordingly. It is made clear that if the respondent No.3- Insurance Company fails to make the payment of Rs.3,15,000/- (Rs. Three Lacs Fifteen Thousand only) to the claimants-appellants within a period of six weeks 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 14.05.2026 shall be treated as an integral part of this order. 6. Any pending applications also stand disposed of. In S.B. Civil Miscellaneous Appeal No. 3916/2018- 1. Learned counsel for the appellant-Insurance Company prays that in the light of the memo of compromise dated 14.05.2026, permission may be granted to withdraw the present appeal. [2026:RJ-JP:20360] (5 of 5) [CMA-139/2019] 2. Permission sought for, is granted. 3. In view of the above, the present appeal stands dismissed as withdrawn. 4. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /79-80 S.