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2026 DAILYLAW 9136 (RAJ)

SMT PANCHI DEVI AND OTHERS v. RAVINDRA SINGH AND OTHERS

CMA/4815/2016 · 2026-07-01

Ashutosh Kumar

Public Interest Litigationbody2026

Judgment text

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[2026:RJ-JP:24229] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4815/2016 URN: CMA / 6829U / 2016 1. SMT. PANCHI DEVI W/o Late Shri Suwa Lal aged 42 years, 2. Pappu Lal S/o Late Shri Suwa Lal aged 24 years, 3. Lali D/o Late Shri Suwa Lal aged 21 years, 4. Beena D/o Late Shri Suwa Lal aged 20 years, 5. Reena D/o Late Shri Suwa Lal aged 18 years, 6. Krishna D/o Late Shri Suwa Lal aged 16 years, Appellant no. 6 is minor through its natural gaurdina/mother Smt. Panchi Devi, All Resident of Bavariyon ki Dhani, Gram Chop, Tehsil Amer, Distt. Jaipur. ----Appellants-Claimants Versus 1. Ravindra Singh S/o Raghuvir Singh R/o- Gareeda Surajgarh, Thana Pilani Distt. Jhunjhunu (Raj.) (Driver). 2. Alimuddin S/o Saddiq R/o- Village Nangali, Saledi Singh, Tehsil Khetri, Distt. Jhunjhunu (Raj.) (Owner). 3. Bajaj Allianz General Insurance Company Ltd. O/o O-12-A, Ashok Marg, C Scheme, Jaipur. (Insurer). ----Respondents Connected With S.B. Civil Miscellaneous Appeal No. 5166/2016 URN: CMA / 7377U / 2016 Bajaj Allianz General Insurance Company Ltd., Registered Office G.E. Plaza, Airport Road, Yarvada, Pune-411005 And and also having its Office At O-12-A, Opposite Hdfc Bank, Near Aahinsa Circle, Ashok Marg, C-Scheme, Jaipur through its Constituted Attorney/Authorized Signatory. (Insurance Company Of Vehicle Truck No. Rj 18-Ga-1136) ----Appellant Versus 1. Smt. Panchi Devi W/o Late Shri Suwalal, aged about 42 years, 2. Pappulal S/o Late Shri Suwalal, aged about 24 years, [2026:RJ-JP:24229] (2 of 4) [CMA-4815/2016] 3. Lali D/o Late Shri Suwalal, aged about 21 years, 4. Beena D/o Late Shri Suwalal, aged about 20 years, 5. Reena D/o Late Shri Suwalal, aged about 18 years, 6. Krishna S/o Late Shri Suwalal, aged about 16 yearsm No. 6 Are Minor Through Natural Guardian Mother Smt. Panchi Devi, All R/o Bawarion Ki Dhani, Village Chop, Tehsil Amer, District Jaipur Raj. ----Respondents/Claimants 7. Ravindra Singh S/o Sh. Raghuveer Singh, R/o Garida Surajgarh, Police Station Pilani, District Jhunjhunu Raj. (Driver Of Vehicle Truck No. Rj 18-Ga-1136) 8. Alimuddin S/o Saddiq R/o Village Nagli, Saledi Singh, Tehsil Khetri, District Jhunjhunu Raj. (Owner of Vehicle Truck No. RJ 18-GA-1136) ----Respondents For Appellant(s) : Mr. Bhanu Prakash Verma, Adv. for Mr. Ram Singh Rathore, Adv. for Claimants For Respondent(s) : Mr. Sandeep Pathak, Adv. for Insurance Company HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 01/07/2026 In S.B. Civil Miscellaneous Appeal No. 4815/2016:- 1. The present civil miscellaneous appeal has been filed by the claimant-appellants against the impugned judgment and award dated 23.05.2016 passed by learned Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.2465/2012, whereby, the claim petition has been partly allowed and an award of Rs.8,82,358/- along with the interest @ 6% per annum has been passed in favour of the claimant-appellants. [2026:RJ-JP:24229] (3 of 4) [CMA-4815/2016] 2. At the very outset, learned counsel for the claimant-appellants 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 26.05.2026 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:- “The respondent-insurance company (Bajaj Allianz General Insurance Co. Ltd., Respondent no. 3) agreed to pay an additional amount of compensation to the tune of Rs. 3,00,000/- (Three Lakh only) including interest to the Appellants-Claimants for which the appellants-claimants has agreed to settle the matter through the counsel, therefore, humble appellants-claimants and the insurance company respondent no. 3 (Bajaj Allianz General Insurance Co. Ltd., Respondent no. 3) have entered into the compromise on the terms that the insurance company (Respondent no. 3) has agreed to pay an additional enhanced amount of compensation in a sum of Rs. 3,00,000/- (Three Lakh Only) including interest in the aforementioned appeal filed by the Appellants-Claimants for enhancement of compensation against the judgment & Award dated 23.05.2016 passed by the Court of Motor Accident Claims Tribunal No.-01, Jaipur Metropolitan, Jaipur in Case No. 2465/2012 (titled Smt. Panchi Devi & Others Versus Ravindra Singh & Others). The additional enhanced amount Rs. 3,00,000/- (Rs. Three Lakh) shall be disbursed to the Appellants- Claimants through their saving bank account furnished before the concerned tribunal.” 3. Learned counsel for the claimant-appellants and the respondent No.3-Insurance Company pray that the present appeal be disposed of, in the light of the memo of compromise dated 26.05.2026. [2026:RJ-JP:24229] (4 of 4) [CMA-4815/2016] 4. In view of the memo of compromise dated 26.05.2026, the present appeal stands disposed of. The impugned judgment and award dated 23.05.2016 passed by learned Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur in Claim Case No.2465/2012 is modified accordingly. It is made clear that if the respondent No.3-Insurance Company fails to make the payment of Rs.3,00,000/- to the claimant-appellants within a period of six weeks from the date of receipt of certified copy of this order, the claimant-appellants shall be entitled to get the interest @ 6% per annum on the aforesaid amount. 5. The terms of memo of compromise dated 26.05.2026 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. 5166/2016:- Learned counsel for the appellant seeks permission to withdraw this civil miscellaneous appeal. Permission is granted. Accordingly, the present civil miscellaneous appeal is dismissed as withdrawn. Pending application(s), if any, also stand disposed of. (ASHUTOSH KUMAR),J 110-111/Mohita