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2026 DAILYLAW 9068 (RAJ)

JALIM SINGH S/O RAM KISHAN v. SAJID S/O FAJRU

CMA/5009/2018 · 2026-07-01

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:24374] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5009/2018 URN: CMA / 7822U / 2018 Jalim Singh S/o Ram Kishan, Aged About 36 Years, R/o Bairawas, Tehsil Dausa, District Dausa. ----Claimant/Appellant Versus 1. Sajid S/o Fajru, R/o Sakras Tehsil Firozpur, District Gurgaon, Mahu Mewat, Haryana. (Driver-Truck No. HR- 38-N-1418) 2. Raseed S/o Jassu, R/o House No. 90, Village Badkhal, District Faridabad, Tehsil Faridabad, Haryana. (Registered Owner-Truck No. HR-38-N-1418) 3. Bajaj Allianz General Insurance Company Limited, Having Its Corporate Office At Ge Plaza, Airport Road, Yarwad, Pune-411006 Through Its Manager. (Insurer Truck No. HR-38-N-1418) ----Non-claimants/Respondents For Appellant(s) : Mr. Vinay Mathur, Adv. For Respondent(s) : Mr. Chanderdeep Singh Jodha, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 01/07/2026 1. The present civil miscellaneous appeal has been filed by the claimant-appellant against the impugned judgment and award dated 16.07.2018 passed by learned Motor Accident Claims Tribunal, Dausa (hereinafter referred to as the learned ‘Tribunal’) in M.A.C. Case No.B.T.No.635/2015 (589/2009), whereby, the claim petition has been partly allowed and an award of Rs.2,39,242/- along with the interest @ 7% per annum has been passed in favour of the claimant-appellant, however, the [2026:RJ-JP:24374] (2 of 3) [CMA-5009/2018] respondent No.3-Insurance Company was exonerated from its liability to pay the award amount. 2. At the very outset, learned counsel for the claimant-appellant and the respondent No.3-Insurance Company submit that during the pendency of this appeal, the parties have amicably settled the dispute between them by way of compromise and memo of compromise dated 30.06.2026 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:- “The parties to this litigation i.e. Appellant- Claimants and Respondent No. 3, Bajaj Allianz General Insurance Company have entered into compromise on the following terms:- 1. A lump-sum additional amount of Rs. 8,00,000/- Eight Lakh 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 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.” 3. Learned counsel for the claimant-appellant and the respondent No.3-Insurance Company pray that the present appeal be disposed of, in the light of the memo of compromise dated 30.06.2026. [2026:RJ-JP:24374] (3 of 3) [CMA-5009/2018] 4. In view of the memo of compromise dated 30.06.2026, the present appeal stands disposed of. The impugned judgment and award dated 16.07.2018 passed by learned Motor Accident Claims Tribunal, Dausa in M.A.C. Case No.B.T.No.635/2015 (589/2009) is modified accordingly. It is made clear that if the respondent No.3- Insurance Company fails to make the payment of Rs.8,00,000/- to the claimant-appellant within a period of six weeks from the date of receipt of certified copy of this order, the claimant-appellant shall be entitled to get the interest @ 6% per annum on the aforesaid amount. 5. The terms of memo of compromise dated 30.06.2026 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.