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2026 DAILYLAW 9280 (RAJ)

SMT. KOMAL DEVI W/O LATE JAGDISH SAINI v. DAMODAR PRASAD SAINI S/O SHRI RAMCHANDRA SAINI

CMA/1981/2024 · 2026-07-01

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:24146] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1981/2024 URN: CMA / 3402U / 2024 1. Smt. Komal Devi W/o Late Jagdish Saini, Aged About 38 Years, R/o Saininagar Chobdaron Ki Dhani, Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu (Raj.) 2. Rajat Kumar Saini S/o Late Jagdish Saini, Aged About 19 Years, R/o Saininagar Chobdaron Ki Dhani, Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu (Raj.) 3. Ronak Kumar Saini S/o Late Jagdish Saini, Aged About 16 Years, Minor Through Natural Guardian Mother Smt. Komal Devi R/o Saininagar Chobdaron Ki Dhani, Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu (Raj.) 4. Kamla Devi W/o Raghuveer, Aged About 68 Years, R/o Saininagar Chobdaron Ki Dhani, Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu (Raj.) ----Appellants/Claimants Versus 1. Damodar Prasad Saini S/o Shri Ramchandra Saini, Aged About 44 Years, R/o Ward No. 18, Badagaon, Police Station Gudhagaurji, District Jhunjhunu (Raj.) (Driver Of Vehicle Altika No. Rj-14-Ud-1517) 2. Bhawani Singh S/o Shri Sawai Singh, Aged About 45 Years, R/o Ward No. 10, Badagaon, Police Station Gudhagaurji, District Jhunjhunu (Raj.) (Registered Owner Of Vehicle Altika No. Rj-14-Ud-1517) 3. Bajaj Allianz General Insurance Company Ltd., Ganpati Plaza, 445, 4Th Floor, M.I. Road, Jaipur (Raj.) (Insurance Company Of Vehicle Altika No. Rj-14-Ud-1517) ----Respondents/Non-Claimants For Appellant(s) : Mr. Bhanu Prakash Verma, Adv. For Respondent(s) : Ms. Sonal Singh, Adv. on behalf of Mr. Alok Garg, Adv. for Insurance Company HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 01/07/2026 1. The present civil miscellaneous appeal has been filed by the claimant-appellants against the impugned judgment and award [2026:RJ-JP:24146] (2 of 3) [CMA-1981/2024] dated 07.03.2024 passed by learned Motor Accident Claims Tribunal, Jhunjhunu (Raj.) (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.84/2023, whereby, the claim petition has been dismissed. 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 29.06.2026 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 amount of Rs.22,50,000/- Twenty two lakh fifty thousand (including interest) shall be paid to the claimant by insurance company by depositing the same concerns within 2 months from today i.e. from date of compromise order in full and final settlement of appeal and award with claimants. The said amount shall be disbursed to the claimants through saving bank account no. 8314974877 in Indian Bank, 13-14, Ambabari Shopping Center, Jaipur. 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% P.A. 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-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 29.06.2026. [2026:RJ-JP:24146] (3 of 3) [CMA-1981/2024] 4. In view of the memo of compromise dated 29.06.2026, the present appeal stands disposed of. The impugned judgment and award dated 07.03.2024 passed by learned Motor Accident Claims Tribunal, Jhunjhunu (Raj.) in Claim Case No.84/2023 is modified accordingly. It is made clear that if the respondent No.3-Insurance Company fails to make the payment of Rs.22,50,000/- to the claimant-appellants within a period of two months 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 29.06.2026 shall be treated as an integral part of this order. 6. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J 116/Mohita