Rajasthan High Court
CMA/2653/2017 of SMT SUNHARI AND ORS Vs DHARMPAL AND ORS on 2 July 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2653/2017 URN: CMA / 4042U / 2017 1. Smt Sunhari W/o Late Shri Govind, age 25 year 2. Shri Ram S/o Late Parma, age 60 year 3. Smt Chatee W/o Shri Ram, age 58 year 4. Daulat S/o Shri Ram, age 22 year 5. Mahendra S/o Shri
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2653/2017
URN: CMA / 4042U / 2017
1.
Smt Sunhari W/o Late Shri Govind, age 25 year
2.
Shri Ram S/o Late Parma, age 60 year
3.
Smt Chatee W/o Shri Ram, age 58 year
4.
Daulat S/o Shri Ram, age 22 year
5.
Mahendra S/o Shri Ram, age 19 year
All appellants are R/o Ward No Kotapuriyan Ka Pura, Hindon City, Distt Karoli
----Claimants/Appellants
Versus
1.
Dharampal S/o Shri Mool Chand, Village Kawali Post Kawali Distt Rewari Hariyana (Driver Of Vehicle No H.R.
38-0105)
2.
Ramniwas S/o Shri Roopchand, Sidrawli Tehsil Gudgawa Distt Gudgawa Hariyana (Registered Owner Of Vehicle No H.R. 38-0105)
3.
Ramniwas S/o Shri Ompraksh, Maheshra P.S. Tapukra, Distt. Alwar Rajasthan (Owner Of Vehicle No H.R. 38-0105)
4.
Shri Ram General Insurance Co. Ltd. Through Its Regional Manager, Regional Office At E-8 EPIP RICCO Industrial Area, Sitapura, Jaipur (Insurance Co. Of Vehicle No H.R.
38-0105)
----Non-claimants/Respondents
For Appellant(s)
:
Mr. Sunil Jain, Adv.
For Respondent(s)
:
Mr. Virendra Agarwal, Adv. with
Ms. Anjali Assat, Adv.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
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Order
02/07/2026
1. The present civil miscellaneous appeal has been filed by the claimants-appellants against the impugned judgment and award
(2 of 3) [CMA-2653/2017] dated 16.02.2017 passed by learned Motor Accident Claims Tribunal (Additional District and Sessions Judge No.1), Hindauncity (hereinafter referred to as the learned ‘Tribunal’) in M.A.C. Case No.23/2013 (333/2014), whereby, the claim petition has been partly allowed and an award of Rs.6,93,000/- along with the interest @ 6% per annum has been passed in favour of the claimants-appellants.
2. At the very outset, learned counsel for the claimants-appellants and the respondent No.4-Insurance Company submit that during the pendency of this appeal, the parties have amicably settled the dispute between them 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 humble claimants-appellants and respondent No. 4 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.7,00,000/- (Rs. Seven Lacs only) in all be paid through Saving Bank Account meaning thereby the insurance company would make the payment of Rs.7,00,000/- (Rs. Seven Lacs 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 claimants-appellants and the respondent No.4-Insurance Company pray that the present appeal
(3 of 3) [CMA-2653/2017] be disposed of, in the light of the memo of compromise dated 12.05.2026.
4. In view of the memo of compromise dated 12.05.2026, the present appeal stands disposed of. The impugned judgment and award dated 16.02.2017 passed by learned Motor Accident Claims Tribunal (Additional District and Sessions Judge No.1), Hindauncity (hereinafter referred to as the learned ‘Tribunal’) in M.A.C. Case No.23/2013 (333/2014) is modified accordingly. It is made clear that if the respondent No.4-Insurance Company fails to make the payment of Rs.7,00,000/- to the claimants-appellants 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.
5. The terms of memo of compromise dated 12.05.2026 shall be treated as an integral part of this order.
6. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA/95-S.