[2026:RJ-JP:14174]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 134/2012

1. Ramesh Chand Surolia S/o Late Shri Ramanand, Aged about 57 years, 2. Alok Surolia S/o Shri Ramesh Chand Surolia, Aged about 32 years, Both R/o A-5, Kumawat Colony, Khatipura Road, Jhotwara, Jaipur.

----Appellants/Claimants Versus

1. Yaduveer Singh S/o Shri Taru Ram, Aged 44 years, R/o House No.43, Gulmohar Len, Sirasi Road, Khatipura, PS Vaishali Nagar, Jaipur. (Owner & Driver)

2. Shriram General Insurance Company Ltd. Through its Manager, Management Office – E-8, EPIP RIICO, Sitapura Industrial Area, Jaipur.

----Respondents/Non-Claimants For Appellant(s) : Ms. Shreya Khandal with Ms. Jyoti Khanna & Mr. Ajay Khedar for Mr. Satish Khandal For Respondent(s) : Mr. Virendra Agarwal with Ms. Anjali Assat HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

06/04/2026

1. This appeal has been filed under section 173 of Motor Vehicles Act, 1988 by the appellants-claimants (for short ‘claimants’) against the judgment and award dated 07.09.2011 passed by the learned Additional District & Sessions Judge (Fast Track) No.9, Jaipur City, Jaipur in Claim Case No.439/2009, whereby claim petition filed by the claimants was partly allowed.

2. At the outset, learned counsel for the claimants and learned counsel for the respondent No.2 - Insurance Company jointly submit that during the 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 learned counsel for the claimants and learned counsel for the Insurance Company, has been placed on record on 04.04.2026. On a specific query by this Court, learned counsel for the parties submit that they are duly authorized by their respective parties to execute the memo of compromise, which reads as under:-

"The Insurance Company and Claimant have entered into compromise on the terms mentioned as under:-

1. That the parties have entered into compromise and the Claimant has given his free consent to compromise the matter for further enhancement of the compensation amount to the tune of Rs.80,000/- in all meaning thereby the Insurance company would make the payment of Rs.80,000/- 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 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 the parties and memo of compromise, it is directed that Insurance Company shall pay a sum of Rs.80,000/- in all, to the claimants, 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 07.09.2011 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 SAHIL SONI /98