Rajasthan High Court
CMA/3649/2023 of RADHYSHYAM S/O RAM NARAYAN Vs CHOLA MANDAL MS GENERAL INSURANCE COMPANY LIMITED on 7 April 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3649/2023 1. Radhyshyam S/o Ram Narayan, Aged About 54 Years, R/o Village Nimoda, Tehsil Digod, Distt. Kota (Raj.) 2. Kalawati Bai W/o Radhyshyam, Aged About 52 Years, R/o Village Nimoda, Tehsil Digod, Distt. Kota
[2026:RJ-JP:14447]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3649/2023
1.
Radhyshyam S/o Ram Narayan, Aged About 54 Years, R/o Village Nimoda, Tehsil Digod, Distt. Kota (Raj.)
2.
Kalawati Bai W/o Radhyshyam, Aged About 52 Years, R/o Village Nimoda, Tehsil Digod, Distt. Kota (Raj.)
----Appellants-Claimants
Versus
1.
Chola Mandal Ms General Insurance Company Limited, Regional Management Office, Jaipur, (Insurer Trolla No. Rj-09- Gd-8605), Complete Fresh Add. Unit No. 704-707, 7Th Floor, Signature Tower, Dc-2, Lalkothi Scheme District Shopping Center, Tonk Road, Jaipur 302015
2.
Rajmal Prajapat S/o Modiram Prajapat, R/o Paarsoli, Tehsil Baingu, Distt. Chittorgarh, (Driver Trolla No. Rj-09-Gd-8605)
3.
Ramesh Gujar S/o Baalu Lal Gujar, R/o Bagpaachhali Khedi, Dist. Chittorgarh. (Regd. Owner Trolla No. Rj-09-Gd-8605)
----Respondents/Non-Claimants
For Appellant(s)
:
Mr. Ram Singh Rathore
For Respondent(s)
:
Mr. Santosh Kumar Soni with
Ms. Pallavi Meena for
Mr. Virendra Agarwal
HON'BLE MR. JUSTICE SANDEEP TANEJA
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Order
07/04/2026
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 21.09.2023 passed by the learned Motor Accident Claims Tribunal, No.2, Kota in M.A.C. Case No.65/2021 (343/2021), whereby claim petition filed by the claimants was partly allowed.
2. At the outset, learned counsel for the parties jointly submit that during the pendency of this appeal, the parties have resolved their dispute amicably by way of a compromise and pray that the present appeal be disposed of in light of the said compromise.
[2026:RJ-JP:14447] (2 of 2) [CMA-3649/2023]
3. A copy of memo of compromise duly signed by learned counsel for the claimant and the Insurance Company, has been placed on record on 02.04.2026. 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 humble claimants-appellants and respondent no.1 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.2,40,000/- (Rs. Two Lacs Forty Thousand only) in all be paid through Saving Bank Account meaning thereby the insurance company would make the payment of Rs.2,40,000/- (Rs. Two Lacs Forty Thousand 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."
4. In view of the above, the present appeal is disposed of in terms of the compromise arrived at between the parties.
5. All pending applications, if any, stand disposed of. (SANDEEP TANEJA),J SAHIL SONI /78