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2026 DAILYLAW 9259 (RAJ)

BAJAJ ALLIANZ GENERAL INSURANCE CO LTD v. SMT SUMAN DEVI AND ORS

CMA/6474/2017 · 2026-06-30

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:23927] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 6474/2017 URN: CMA / 9776U / 2017 Bajaj Allianz General Insurance Company Ltd. Plaza Airport Road, Yerawada, Pune-411006 Through Branch Manager, Branch Office Alwar. Insurance Company Of Vehicle Bolero No. Rj-32-Ua- 2923 ----Appellant Versus 1. Smt. Suman Devi W/o Late Sh. Amar Singh, aged about 30 years, R/o Kalyanpura, Unchpur Tehsil Bansur, District Alwar. 2. Tushar S/o Late Sh. Amar Singh, aged about 09 years, Minor In C/o Mother Smt. Suman Devi Self., R/o Kalyanpura, Unchpur Tehsil Bansur, District Alwar. 3. Sh. Govind S/o Sh. Bhinvanram, aged about 50 years, R/o Kalyanpura, Unchpur Tehsil Bansur, District Alwar. 4. Smt. Kala Devi W/o Sh. Govind, aged about 48 years, R/o Kalyanpura, Unchpur Tehsil Bansur, District Alwar. ----Respondents/Claimants 5. Ram Niwas S/o Lehariram, R/o Raghunathpura, Tehsil Bansur, District Alwar Driver Of Vehicle Bolero No. Rj-32- Ua-2923 6. Rajesh Kumar S/o Banwari Lal Sain, R/o Hamirpur, Tehsil Bansur, District Alwar Owner Of Vehicle Bolero No. Rj-32- Ua-2923 ----Respondents/Non-Claimants Connected With S.B. Civil Miscellaneous Appeal No. 62/2018 URN: CMA / 121U / 2018 1. Smt. Suman Devi W/o Amar Singh, aged 30 years, 2. Tusar S/o Amar Singh, aged 9 years, Minor Through Natural Guardian Smt. Suman Devi., 3. Govind S/o Bhinwaram, aged 50 years, 4. Smt. Kaladevi W/o Govind, aged 48 years, All R/o Kalyanpura, Unchpur, Tehsil Bansoor District Alwar. ----Claimants/Appellants Versus 1. Ramniwas S/o Lahri Ram, R/o Raghunathpura Tehsil Bansoor District Alwar. Driver of Vehicle 2. Rajesh Kumar S/o Banwarilal Sain, R/o Hamirpur Tehsil Bansoor District Alwar. Owner of Vehicle [2026:RJ-JP:23927] (2 of 4) [CMA-6474/2017] 3. Bajaj Allays General Insurance Company Ltd. GE Plaza, Airport Road, Yerwada, Pune Maharashtra. Insurance Company ----Respondents/Non-Claimants For Appellant(s) : Ms. Shefali Sharma, Adv. with Mr. Dhairya Agarwal, Adv. on behalf of Mr. Sandeep Pathak, Adv. for Insurance Company For Respondent(s) : Mr. Santosh Kumar Soni, Adv. (for appellants in S.B. CMA No. 62/2018) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 30/06/2026 In S.B. Civil Miscellaneous Appeal No. 6474/2017:- 1. Learned counsel for the appellant seeks permission to withdraw the present civil miscellaneous appeal. 2. Permission is granted. 3. Accordingly, the present civil miscellaneous appeal is dismissed as withdrawn. 4. Pending application(s), if any, also stand disposed of. In S.B. Civil Miscellaneous Appeal No. 62/2018:- 1. The present civil miscellaneous appeal has been filed by the claimants-appellants against the impugned judgment and award dated 08.09.2017 passed by learned Motor Accident Claims Tribunal, Bansoor, District Alwar (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.01/2015, whereby, the claim petition has been partly allowed and an award of Rs.7,58,000/- along with the interest @ 8% per annum has been passed in favour of the claimants-appellants. [2026:RJ-JP:23927] (3 of 4) [CMA-6474/2017] 2. At the very outset, learned counsel for the claimants-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 19.05.2026 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:- “The humble claimants-appellants and respondent no. 3 have entered into the compromise on the terms that the insurance company is ready and willing to make further enhancement of the compensation lump sum amount to the tune of Rs. 5,00,000/- (Rs. Five Lacs only) in all be paid through Saving Bank Account meaning thereby the insurance company would make the payment of Rs. 5,00,000/- (Rs. Five Lacs only) in addition to the amount already paid by the insurance company, within two months from the date of passing the order on the basis of compromise, failing which it will carry interest @ 6% per annum thereafter till actual payment.” 3. Learned counsel for the claimants-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 19.05.2026. 4. In view of the memo of compromise dated 19.05.2026, the present appeal stands disposed of. The impugned judgment and award dated 08.09.2017 passed by learned Motor Accident Claims Tribunal, Bansoor, District Alwar in Claim Case No.01/2015 is modified accordingly. It is made clear that if the respondent No.3- Insurance Company fails to make the payment of Rs.5,00,000/- to the claimants-appellants within a period of two months from the date of receipt of certified copy of this order, the claimants- [2026:RJ-JP:23927] (4 of 4) [CMA-6474/2017] appellants shall be entitled to get the interest @ 6% per annum on the aforesaid amount. 5. The terms of memo of compromise dated 19.05.2026 shall be treated as an integral part of this order. 6. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J 111-112/Mohita