Rajasthan High Court
CMA/2089/2022 of BAMDEV PRADHAN S/O JALDHAR PRADHAN (FATHER OF DECEASED) Vs SAHUN S/O ISLAM on 3 July 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2089/2022 URN: CMA / 3490U / 2022 1. Bamdev Pradhan S/o Jaldhar Pradhan Aged About 55 Years, (Father Of Deceased), 2. Smt. Tilottama Pradhan W/o Bamdev Pradhan Aged About 55 Years, (Mother Of Deceased), Both R/o Ward No
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2089/2022
URN: CMA / 3490U / 2022
1.
Bamdev Pradhan S/o Jaldhar Pradhan Aged About 55
Years, (Father Of Deceased),
2.
Smt. Tilottama Pradhan W/o Bamdev Pradhan Aged About 55 Years, (Mother Of Deceased), Both R/o Ward No 15, Sector 6/82, Group Housing UIT, Bhiwadi, Thana Bhiwadi Phase-3, Tehsil Tijara, Distt.
Alwar. (Raj.) Presently 200 Feet Road, Dayanand Nagar, Alwar (Raj.).
----Appellants-Claimants
Versus
1.
Sahun S/o Islam, R/o Village Nanagtedi, Tehsil Tijara, Distt. Alwar (Rajasthan). (Driver Tata 407 No. RJ-02-GA-
6727).
2.
Abdul S/o Shakoor, R/o 72, Surajmal Ki Dhani, Nanagtedi, Tehsil Tijara, Distt. Alwar (Rajasthan) (Owner Tata 407
No. RJ-02-GA-6727).
3.
Reliance General Insurance Company Limited, Through Branch Manager, Office First Floor, Jain Eye Centre, Basant Vihar, Scheme No. 3, Alwar (Rajasthan).
(Ins.co.tata 407 No. RJ-02-GA-6727).
----Respondents-Non-claimants
Connected With
S.B. Civil Miscellaneous Appeal No. 1120/2022
URN: CMA / 1895U / 2022
Reliance General Insurance Company Limited, Having Its Registered Office At 19, Reliance Center, Walchand Hirachand Marg, Balllard Estate, Mumbai-400001 And Having Its Office At 1st Floor, Jain Eye Center, Basant Vihar, Scheme No. 3 Alwar And Having Its Regional Office At C-Scheme, Man Upasana Tower, 6th Floor, Sardar Patel Marg, Opposite To HSBC Bank, Jaipur 3020001 Jaipur Through Its Constituent Attorney,
----Non-claimant/Appellant
Versus
1.
Bamdev Pradhan S/o Jaldhar Pradhan, Aged About 55
Years, (Father Of Deceased),
(2 of 4)
[CMA-2089/2022]
2.
Smt. Tilottama Pradhan W/o Bamdev Pradhan, Aged About 55 Years, (Mother Of Deceased), Both R/o Ward No. 15, Sector 6/82, Group Housing U.I.T.
Bhiwadi, P.S. Bhiwadi, Phase-III, Tehsil Tijara, District Alwar (Raj.) Presently Resident Of 200 Feet Road, Dayanand Nagar, Alwar (Raj.).
----Claimants/Respondents
3.
Sahun S/o Islam, R/o Village Nanagtedi, Tehsil Tijara, District Alwar, (Raj.) (Driver Vehicle Tata 407 Registration No. RJ-02-GA-6727).
4.
Abdul S/o Shakur, R/o 72, Surajmal Ki Dhanni, Nanagtedi, Tehsil- Tijara, District-Alwar, (Raj.) (Owner Vehicle Tata 407 Registration No. RJ-02-GA-6727).
----Non-claimants/Respondents
For Appellant/
Respondent-
Claimants
:
Mr. Ram Sharan Sharma
For Respondent/
Appellant-Insurance
Company
:
Mr. Chanderdeep Singh Jodha
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
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Order
03/07/2026
1. Both these appeals have been filed against the judgment and award dated award dated 23.03.2022 passed by learned Motor Accident Claims Tribunal, Alwar (hereinafter referred to as learned 'Tribunal') in Claim Case No.597/2016 (713/2016), whereby, the claim petition filed by the claimants has been partly allowed and an award of Rs.33,42,460/- along with the interest @ 7.5% per annum has been passed in their favour.
2. The claimants have filed S.B. Civil Miscellaneous Appeal No.2089/2022 for enhancement of the impugned award; whereas,
(3 of 4) [CMA-2089/2022] Insurance Company has filed S.B. Civil Miscellaneous Appeal No.1120/2022 for quashing and setting aside the impugned judgment and award.
3. At the very outset, learned counsel for the claimants and the Insurance Company submit that during the pendency of these appeals, the parties have amicably settled their dispute by way of compromise and memo of compromise dated 12.05.2026, duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:- "The parties to this litigation i.e. Appellant-,Reliance
General
Insurance Company and Respondent/Claimant No.1 and 2 has entered into compromise on the following terms:-
1. A lump-sum amount of Rs.1,00,000/- One Lakh (without any interest) shall be reduced from the total awarded amount i.e. inclusive of interest and the same be returned (Rs.1,00,00/- One Lakh be returned) to the insurance company from the awarded amount already deposited before the learned Tribunal. Rest amount be disbursed to the claimants through their saving bank account.
2. The appeal is agreed to be disposed of in terms of this compromise."
4. In view of the aforesaid compromise, learned counsel appearing on behalf of the claimants wants to withdraw S.B. Civil Miscellaneous Appeal No.2089/2022; whereas, learned counsel for the claimants as well as Insurance Company jointly pray that S.B. Civil Miscellaneous Appeal No.1120/2022 may be disposed of, in the light of the memo of compromise dated 12.05.2026.
(4 of 4) [CMA-2089/2022]
5. In view of the prayer made on behalf of learned counsel appearing on behalf of the claimants, S.B. Civil Miscellaneous Appeal No.2089/2022 is dismissed as withdrawn.
6. So far as S.B. Civil Miscellaneous Appeal No.1120/2022 is concerned, the same is disposed of in view of the memo of compromise dated 12.05.2026. The impugned judgment and award dated 23.03.2022 passed by learned Motor Accident Claims Tribunal, Alwar in Claim Case No.597/2016 (713/2016) 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 12.05.2026, in favour of the claimants within a period of two months from the date of receipt of certified copy of this order, the claimants shall be entitled to get the interest @ 7.5% per annum on the aforesaid amount.
7. The terms of memo of compromise dated 12.05.2026 shall be treated as an integral part of this order.
8. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /1&2C.