[2026:RJ-JP:11865]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5837/2018 Dharma S/o Gangaram, aged about 19 Years, Minor Through Natural Guardian Father Gangaram S/o Shyodan R/o Rampura Chalana Wale Balazi Bagariya Ki Dhani P.S. Sainthal Tehsil and District Dausa ----Appellant-Claimant Versus

1. Lalluram S/o Shri Ramsahai, R/o Village Boroda P.S.

Sainthal Tehsil And District Dausa (Driver & Owner Of Vehicle)

2. H.D.F.C. Agro General Insurance Company Ltd. through Branch Manager, Branch Office Ahinsa Circle C-Scheme Jaipur District Jaipur ----Respondents- Non-claimants For Appellant(s) : Mr. Poonam Chand Sharma For Respondent(s) : Mr. Santosh Kumar Soni for Mr. Virendra Agrawal HON'BLE MR. JUSTICE SANDEEP TANEJA

Judgment

19/03/2026

1. This appeal has been filed under section 173 of Motor Vehicle Act, 1988 by the appellant-claimant (for short "the claimant") against the judgment and award dated 06.06.2018 passed by the learned Motor Accident Claims Tribunal, Dausa in claim case No. BT No.766/2015 (44/2015) whereby the claim petition filed by the claimant was partly allowed by awarding compensation of Rs.55,200/- along with interest @ 7% per annum.

2. At the outset, learned counsel for the claimant and the respondent No.2- Insurance Company jointly submit that during pendency of this appeal, the parties have resolved their dispute amicably and accordingly a settlement has been arrived at between them by way of compromise.

3. A copy of memo of compromise duly signed by the learned counsel for both the parties has been placed on record on 17.02.2026. On a specific query by this Court, learned counsel for both the parties submit that they are duly authorized by their respective parties to execute the memo of compromise, which reads as under :-

"1. That the parties have entered into compromise and the Claimant has given her free consent to compromise the matter for further enhancement of the compensation amount to the tune of the Rs.3,00,000/- in all meaning thereby the Insurance Company would make the payment of Rs.3,00,000/- in all, in addition to the amount already awarded by the learned Tribunal.

2. That the amount would be deposited within six weeks from the date of compromise, failing which it will carry interest @6% per annum from date of compromise till actual payment.

3. That the appeal deserves to be disposed of in terms of compromise."

4. Learned counsel for both the parties jointly pray that the present appeal be disposed of in light of the compromise arrived at between the parties.

5. Considering the submission of learned counsel for both the parties and memo of compromise, it is directed that Insurance Company shall pay a sum of Rs.3,00,000/- in all, to the claimant, in addition to the amount already awarded by the learned Tribunal within a period of six weeks, failing which the above amount shall carry interest @6% per annum.

6. Accordingly, the impugned judgment and award dated 06.06.2018 is modified. The terms of memo of compromise shall be treated as an integral part of this order.

7. The instant appeal is disposed of in the above terms.

8. All pending applications, if any, stand disposed of.

(SANDEEP TANEJA),J TN/77