BAJAJ ALLIANZ GEN INSURANCE CO LTD v. SMT NIKITA ALIAS VIKY AND OTHERS
CMA/3082/2015 · 2026-07-02
Ashutosh Kumar
Transfer Petitionbody2026
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[ 2026 DAILYLAW 9286 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9286 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:24450] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3082/2015 URN: CMA / 4523U / 2015 Bajaj Allianz General Insurance Company Ltd., having its Registered Office at GE Plaza, Airport Road, Yarawada, Pune- 411006 and having its Regional Office at O-12 A, Ashok Marg, Mundra Tower, C-Scheme Jaipur through its Constituent Attorney ----Non-Claimant/Appellant Versus
1. Smt. Nikita Alias Viky W/o Late Shri Manoj Kumar Chhipa, aged about 31 years,
2. Brijkishore S/o Late Shri Manoj Kumar Chhipa, aged about 4 years Being Minor Through His Natural Guardian and mother Smt. Nikita All R/o B-14, Ravindra Nagar B, Teelawala, Jagatpura, Jaipur. ----Claimants/Respondents
3. Chuttan Khan S/o Shri Sultan Khan, R/o 49K, Pirpura Ka Mohalla, Tala, Teh. Jamvaramgarh, District Jaipur. (Raj) (Driver)
4. Kallu Khan S/o Shri Gafoor Khan, R/o Topchiwada, Manoharpur, Teh. Sahapura, District Jaipur. (Raj) (Registered Owner) 4A. Sunil Kumar Yadav S/o Shri Mahaveer Prasad Yadav, R/o Power House Colony, Village And Post Gordhanpura, Teh. Kotputli, District Jaipur. 5. Ram Prakash S/o Shri Nathi Lal Chipa, aged about 59 years
6. Smt. Gayatri Devi W/o Shri Ram Prakash aged about 56 years R/o B-14, Ravindra Nagar B, Teelawala, Jagatpura, Jaipur. ----Non-Claimants/Respondents Connected With S.B. Civil Miscellaneous Appeal No. 2462/2015 URN: CMA / 3671U / 2015
1. Smt. Nikita Alias Viccky W/o Late Shri Manoj Kumar Chhipa, aged about 31 years
2. Brajkishore S/o Late Shri Manoj Kumar Chhipa, aged about 4 years, Being Minor Through His Natural Guardian and mother Smt. Nikita, Both R/o B-14, Ravindra Nagar B, Teelawala, Jagatpura, Jaipur. [2026:RJ-JP:24450] (2 of 5) [CMA-3082/2015] ----Appellants/Claimants Versus
1. Chuttan Khan S/o Shri Sultan Khan, R/o 49Ka, Peerapura Ka Mohalla, Tala, Teh. Jamvaramgarh, District Jaipur. (Driver Of Vehicle)
2. Kallu Khan S/o Shri Gafoor Khan, R/o Topchiwada, Manoharpur, Teh. Shahpura, District Jaipur. (Registered Owner Of Vehicle) 2A. Sunil Kumar Yadav S/o Shri Mahaveer Prasad Yadav, R/o Power House Colony, Vill. And Post Gordhanpura, Teh. Kotputli, District Jaipur. (Insurer Of Vehicle)
3. Bajaj Allianz General Insurance Company Ltd., Address O-12A, Ashok Marg, C-Scheme, Jaipur. (Insurance Company Of Vehicle)
4. Ramprakash S/o Shri Natthilal Chhipa, aged about 59 years
5. Smt. Gayatri Devi W/o Shri Ramprakash, aged about 56 years Both R/o B-14, Ravindra Nagar B, Teelawala, Jagatpura, Jaipur. ----Non-claimants/Respondents For Appellant(s) : Mr. Chanderdeep Singh Jodha, Adv. For Respondent(s) : Mr. Santosh Kumar Soni, Adv. Mr. Sunil Kumar Jain, Adv. with Ms. Shobha Sharma, Adv.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 02/07/2026
1. Both these appeals have been filed against the judgment and award dated 19.05.2015 passed by learned Special Court (Fake Currency Cases), Jaipur (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.175/2014, whereby, the claim petition filed by the claimants has been partly allowed and an award of
[2026:RJ-JP:24450] (3 of 5) [CMA-3082/2015] Rs.19,34,872/- along with the interest @ 6% per annum has been passed in their favour.
2. The Insurance Company has filed S.B. Civil Miscellaneous Appeal No.3082/2015 for quashing and setting aside the impugned judgment and award; whereas, the claimants have filed S.B. Civil Miscellaneous Appeal No.2462/2015 for enhancement of the impugned award.
3. At the very outset, learned counsel for the claimants and the Insurance Company submit that during the pendency of these appeals, the parties have amicably settled their dispute by way of compromise and memo of compromise dated 11.05.2026, duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:-
" The humble Claimants and the Insurance Company have entered into compromise as under:-
1. That the above noted both the appeals have been filed against the award dated 19.05.2015 passed by MACT, Special Court (Fake Currency Cases), Jaipur in Claim Case No. 175/2014 whereby the award has been passed for Rs. 19,34,872/- with interest @ 6% per annum from date of filing claim petition till actual payment on account of death of Shri Manoj Kumar Chhepa who died in the vehicular accident dated 01.04.2012.
2. That the claimants who are widow and minor son have preferred the appeal for enhancement of the compensation amount wherein the parents of deceased have been made respondent no. 4 and 5 in SBCMA No. 2462/2015 (Smt. Nikita Nicky Vs. Chhuttan Khan & Ors.)
3. That the insurance company has also preferred appeal bearing SBCMA No. 3082/2015 (Bajaj Allianz General Insurance Company Ltd. Va. Smt. Nikita Nicky & Ors.) challenging the award on the question of
[2026:RJ-JP:24450] (4 of 5) [CMA-3082/2015] quantum and the Hon'ble High Court on 14.09.2015 was pleased to direct the insurance company to deposit decretal amount with interest and thereafter 50% of the amount awarded has been ordered to be disbursed to the claimant respondent no. 1 and 2 who are appellant in SBCMA No. 2462/2015.
4. That thereafter the Hon'ble High Court on 25.01.2016 has further modified the earlier
order dated 14.09.2015 on the application filed by the parents of the deceased and it has been clarified that the 50% of the amount awarded which was to be disbursed to the widow and minor son, the tribunal shall proportionately disbursed to the amount to the parents as well.
5. That now the parties have entered into the compromise and the insurance company has given the consent to withdraw their appeal bearing SBCMA No. 3082/2015 and has further given the consent to enhanced the compensation the amount already amount to the tune of Rs.9,00,000/- in addition awarded by the tribunal and the amount shall be deposited within two months from date of passing the compromise order failing which it will carry interest 6% per annum from the date of compromise till actual payment and thereafter the learned tribunal will disbursed the amount deposited by the insurance company to the claimants accordingly through SB Account in the name of Smt. Nikita @ Nicky.
6. That thus, in view of the compromise arrived at between both the parties, the both the appeals deserves to be disposed of."
4. In view of the aforesaid compromise, learned counsel appearing on behalf of the Insurance Company wants to withdraw S.B. Civil Miscellaneous Appeal No.3082/2015; whereas, learned counsel for the claimants as well as Insurance Company jointly pray that S.B. Civil Miscellaneous Appeal No.2462/2015 may be
[2026:RJ-JP:24450] (5 of 5) [CMA-3082/2015]
disposed of, in the light of the memo of compromise dated
11.05.2026.
5. In view of the prayer made on behalf of learned counsel appearing on behalf of the Insurance Company, S.B. Civil Miscellaneous Appeal No.3082/2015 is dismissed as withdrawn.
6. So far as S.B. Civil Miscellaneous Appeal No.2462/2015 is concerned, the same is disposed of in view of the memo of compromise dated 11.05.2026. The impugned judgment and award dated 19.05.2015 passed by learned Special Court (Fake Currency Cases), Jaipur in Claim Case No.175/2014 is modified accordingly. It is made clear that if the Insurance Company fails to make the payment as per the terms of memo of compromise dated 11.05.2026, in favour of the claimants within a period of two months from the date of receipt of certified copy of this order, the claimants shall be entitled to get the interest @ 6% per annum on the aforesaid amount.
7. The terms of memo of compromise dated 11.05.2026 shall be treated as an integral part of this order.
8. Any pending applications also stand disposed of.
(ASHUTOSH KUMAR),J AARZOO ARORA/103-104S.