[2026:RJ-JP:25989] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1770/2019 URN: CMA / 2796U / 2019 1. Bhagwanaram S/o Chatraram, Aged About 63 Years 2. Rukmani Devi W/o Bhagwanaram, Aged About 59 Years 3. Deepak S/o Bhagwanaram, Aged About 24 Years All Residents of Village Ramsisar, Police Station Ramgarh, Setha, Tehsil Fatehpur, District Sikar. ----Claimants/Appellants Versus 1. Arjunram S/o Bhagwanaram, R/o Jakharda, Police Station Dhori Manna, District Barmer (Driver Truck No. RJ-19-GA- 2652) 2. Mangi Lal S/o Bharmal, R/o Manki, Tehsil Chohatan, District Barmer, Rajasthan (Owner Truck No. RJ-19-GA- 2652) 3. Bajaj Allianz General Insurance Company Limited, Having Its Regional Office At 2nd Floor, O-12-A, Ashok Marg, C- Scheme, Jaipur Through Its Regional Manager (Insurer Truck No. RJ-19-GA-2652) ----Non-Claimants/Respondents 4. Sumitra Devi W/o Late Omprakash, R/o Village Ramsisar, Police Station Ramgarh, Sethan, Tehsil Fatehpur, District Sikar. ----Proforma Respondent For Appellants- Claimants : Mr. Vinay Mathur, Adv. with Ms. Vinita Saini, Adv. For Respondent- Insurance Company : Mr. Akshay Sharma, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 10/07/2026 1. Matter comes up on Application (No.1/2026) filed under Order XXII Rule 3 read with Section 151 of CPC for deleting the name of the deceased appellant No.1-Bhagwanaram from the [2026:RJ-JP:25989] (2 of 4) [CMA-1770/2019] array of appellants as his legal representatives are already on record. 2. Learned counsel for the applicants-appellants submits that during pendency of the present appeal, the appellant No.1- Bhagwanaram has died. Learned counsel prays that the application may be allowed; name of the deceased appellant No.1- Bhagwanaram may be deleted from the array of appellants as his legal representatives are already taken on record. 3. Having considered the facts and circumstances of the case as well as the reasons mentioned in the application No. (1/2026), the same is allowed. The word 'died' be reflected against the name of the deceased appellant No.1-Bhagwanaram in the array of appellants. 4. Amended cause-title annexed with the application be taken on record. 5. The present civil miscellaneous appeal has been filed by the claimants-appellants against the impugned judgment and award dated 25.01.2019 passed by learned Motor Accident Claims Tribunal (Additional District and Sessions Judge) Fatehpur Shekhawati, District Sikar (hereinafter referred to as the learned ‘Tribunal’) in M.A.C. Case No.418/2010 (B.T.No.79/2016), whereby, the claim petition has been dismissed. 6. 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 29.06.2026 duly signed by [2026:RJ-JP:25989] (3 of 4) [CMA-1770/2019] learned counsel for both the parties, has been placed on record, which is reproduced as under:- “a) That the insurance company will deposit an additional amount of Rs.8,00,000 including interest with the learned tribunal within a period of 4 weeks from the date of passing of the order form Rajasthan High Court Bench at Jaipur. b) That the entire amount (Rs.8,00,000/-) deposited by the insurance company will be disbursed to the Claimant No.2 & 3 only vide their saving bank account. c) That if the insurance company fails to deposit the amount in the stipulated time frame of 4 weeks from passing of compromise order, then the compromise amount will bear an interest @ 9% per annum from the date of filing the claim petition till its realization." 7. Learned counsel appearing on behalf of 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 29.06.2026. 8. In view of the memo of compromise dated 29.06.2026, the present appeal stands disposed of. The impugned judgment and award dated 25.01.2019 passed by learned Motor Accident Claims Tribunal (Additional District and Sessions Judge) Fatehpur Shekhawati, District Sikar in M.A.C. Case No.418/2010 (B.T.No.79/2016) 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 29.06.2026, in favour of the claimants within a period of four weeks from the date of receipt of [2026:RJ-JP:25989] (4 of 4) [CMA-1770/2019] certified copy of this order, the claimants shall be entitled to get the interest @ 9% per annum on the aforesaid amount. 9. The terms of memo of compromise dated 29.06.2026 shall be treated as an integral part of this order. 10. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA/141-S.