Rajasthan High Court
CMA/5510/2019 of RAMKISHORE SAINI S/O SHRI RAMPHOOL SAINI Vs RAMESH CHAND S/O SHRI KANHAIYA LAL on 9 July 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5510/2019 URN: CMA / 8562U / 2019 Ramkishore Saini S/o Shri Ramphool Saini, Aged About 31 Years, R/o Village Rajwas Shersingh, Tehsil Lawan, District Dausa (Raj.). ----Appellant/Claimant Versus 1. Ramesh Chand S/o Shri
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5510/2019
URN: CMA / 8562U / 2019
Ramkishore Saini S/o Shri Ramphool Saini, Aged About 31 Years, R/o Village Rajwas Shersingh, Tehsil Lawan, District Dausa (Raj.).
----Appellant/Claimant
Versus
1.
Ramesh Chand S/o Shri Kanhaiya Lal, R/o Kotari Bhoi Mohalla, Gumanpura, Kota, At Present R/o Hindon Darwaja, Karauli, District Karauli (Raj.). (Driver Vehicle)
2.
Sabir Khan S/o Kurban Khan, R/o Holi Khidaki, Doctorni Ki Gali, Bhoondara Bajar, Near Mosque, Tehsil Karauli District Karauli (Raj.). (Owner Vehicle)
3.
The New Assurance Company Ltd., Through Branch Manager, Branch Office Near Poonam Cinema, Lalsot Road Dausa (Raj.). (Insurance Company Vehicle)
----Respondents/Non-Claimants
For Appellant(s)
:
Mr. Buddhi Prakash Sharma, Adv.
For Respondent(s)
:
Mrs. Manju Jain, Adv.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
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Order
09/07/2026
1. The present civil miscellaneous appeal has been filed by the claimant-appellant against the impugned judgment and award dated 16.07.2019 passed by learned Motor Accident Claims Tribunal, Dausa (Raj.) (hereinafter referred to as the learned ‘Tribunal’) in MAC Case No.76/2018, whereby, the claim petition was partly allowed and an award of Rs.1,78,000/- along with the interest @ 9% per annum has been passed in favour of the claimant-appellant.
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2. At the very outset, learned counsel for the claimant-appellant 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 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. 4,00,000/- (Rs. Four Lacs only) in all be paid through Saving Bank Account meaning thereby the insurance company would make the payment of Rs. 4,00,000/- (Rs. Four Lacs only) in addition to the amount already paid by the Insurance Company, with 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.
4. In view of the memo of compromise, the present appeal stands disposed of. The impugned judgment and award dated 16.07.2019 passed by learned Motor Accident Claims Tribunal, Dausa (Raj.) in MAC Case No.76/2018 is modified accordingly. It is made clear that if the respondent No.3-Insurance Company fails to make the payment of Rs.4,00,000/- (Rupees Four Lacs only) 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.
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5. The terms of memo of compromise shall be treated as an integral part of this order.
6. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J 113/Mohita