HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHUTOSH KUMAR
MADHOLAL – Appellant
Versus
SATYA NARAYAN A ND OTHERS – Respondent
CMA / 3112 / 2016
[2026:RJ-JP:2082]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3112/2016 Madholal S/o Shri Nandlal, R/o Sahikheda Majra, Naya Kheda District Bundi Raj.
----Appellant Versus
1. Satyanarayan S/o Ramdev Jaga, R/o Village Dhakni, District Bundi Vehicle Driver
2. Ramprasad Soni R/o Kanhaiya Lal Soni, R/o Behind Power House Hindoli Raj. Vehicle Owner
3. Shriram General Insurance Company Limited, Sitapura, Jaipur Insurer Company ----Respondents For Appellant(s) : Mr. Sandeep Mathur, Adv. with Mr. Kapil Sharma, Adv.
For Respondent(s) : Mr. Virendra Agarwal, Adv. with Mr. Prakhar Agarwal, Adv.
Mr. Ram Singh Rathore, Adv.
Mr. Javed Khan, Adv. with Mr. Sourabh Thathera, Adv.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
19/01/2026
1. The present civil miscellaneous appeal has been filed by the claimant-appellant against the judgment and award dated 19.11.2015 passed by learned Motor Accident Claims Tribunal, District Bundi (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.487/2012, whereby, the claim petition has been partly allowed and an award of Rs.2,47,800/- along with the interest @ 7.5% per annum has been passed in favour of the claimant-appellant.
2. At the very outset, learned counsel for the claimant-appellant and the respondent No.3-Insurance Company submit that during pendency of this appeal, the parties have amicably settled the dispute between them by way of compromise and a copy of memo of compromise dated 26.09.2025 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.1,75,000/- (Rs. One Lac Seventy Five Thousand only) in all, meaning thereby the insurance company would make the payment of Rs.1,75,000/- (Rs. One Lac Seventy Five Thousand 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 claimant-appellant and the respondent No.3-Insurance Company pray that the present appeal be disposed of, in the light of the memo of compromise dated
26.09.2025.
4. Learned counsel appearing on behalf of the respondent Nos.1 and 2 admit the factum of compromise between the parties and has no objection if the present appeal is disposed of, in the light of the memo of compromise dated 26.09.2025.
5. In view of the memo of compromise dated 26.09.2025, the present appeal stands disposed of. The impugned judgment and award dated 19.11.2015 passed by learned Motor Accident Claims Tribunal, District Bundi in Claim Case No.487/2012,is modified accordingly. It is made clear that if the respondent No.3-Insurance Company fails to make the payment of Rs.1,75,000/- to the claimant-appellant within a period of two months from the date of receipt of certified copy of this order, the claimant-appellant shall be entitled to get the interest @ 6% per annum on the aforesaid amount.
6. The terms of memo of compromise dated 26.09.2025 shall be treated as an integral part of this order.
7. Any pending applications also stand disposed of.
(ASHUTOSH KUMAR),J AARZOO ARORA /97-S.
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