Rajasthan High Court
CMA/278/2026 of RAMNARAYAN SON OF LATE SHRI JAINARAYAN Vs DHARMENDRA SINGH MEENA SON OF SHRI JAGDISH NARAYAN, on 6 April 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 278/2026 1. Ramnarayan Son Of Late Shri Jainarayan, Aged About 42 Years, Resident Of Village Chapadiya, Post Garh, Tehsil Bassi, District Jaipur. 2. Jhunthi Devi Wife Of Late Jainarayan, Aged About 76 Years, Resident Of
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 278/2026
1.
Ramnarayan Son Of Late Shri Jainarayan, Aged About 42
Years, Resident Of Village Chapadiya, Post Garh, Tehsil Bassi, District Jaipur.
2.
Jhunthi Devi Wife Of Late Jainarayan, Aged About 76 Years, Resident Of Village Chapadiya, Post Garh, Tehsil Bassi, District Jaipur.
----Appellants
Versus
1.
Dharmendra Singh Meena Son Of Shri Jagdish Narayan, Aged About 46 Years, Resident Of 142, Puthya Ki Dhani, Bidarkha, Tehsil Lalsot, District Dausa (Raj.).
2.
Kumari Kailashi Daughter Of Late Shri Arjun, Aged About 32
Years, Resident Of 142, Puthya Ki Dhani, Bidarkha, Tehsil Lalsot, District Dausa (Raj.).
3.
Kumari Uganti Daughter Of Late Shri Arjun, Aged About 31
Years, Resident Of 142, Puthya Ki Dhani, Bidarkha, Tehsil Lalsot, District Dausa (Raj.).
4.
Mukesh Kumar Meena Son Of Shri Naryana Meena, Resident Of Ramsinghpura, Tehsil Dausa.
5.
Shri Moolchand Son Of Shri Ramkumar, Resident Of Village Bidarkha, Tehsil Lalsot, District Dausa (Raj.).
6.
H.d.f.c. Agree General Insurance Co. Limited, Through Branch Manager Office Insurer Of Vehicle Tractor Bearing No. Rj-05-Ir- 7324, Validity 08-05-2010 To 07-05-2010 (Policy No.
2318200007647900000).
----Respondents
For Appellant(s)
:
Mr. Sangram Singh Shekhawat
For Respondent(s)
:
Mr. Virendra Agarwal with
Ms. Anjali Assat
Mr. Santosh Kumar Soni with
Mr. Raj Saini
HON'BLE MR. JUSTICE SANDEEP TANEJA
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Order
06/04/2026
1. The matter has come up on an application (CMCC No.117/2026) filed under Section 5 of the Limitation Act, for condonation of delay in filing the appeal.
2. There is an inordinate delay in filing the appeal, however, in view of the compromise arrived at between the parties, learned counsel for the respondents have no objection if the application is allowed.
(2 of 3) [CMA-278/2026]
3. In view of the above, the application (CMCC No.117/2026) is allowed. Delay in filing the appeal, is condoned.
4. This appeal has been filed under section 173 of Motor Vehicles Act, 1988 by the appellants against the judgment and award dated 30.06.2018 passed by the learned Motor Accident Claims Tribunal and Additional District & Sessions Judge, No.4, Jaipur District, Jaipur in Motor Accident Claim Case No.463/2014 (924/2010), whereby an ex- parte award of Rs.6,74,800/- along with 9% interest was passed in favour of the claimants.
5. 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.
6. A copy of memo of compromise duly signed by appellant No.1, learned counsel for the appellant-owner, claimants and Insurance Company respectively, has been placed on record on 06.04.2026. 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:- "1. That the present appeal has been filed by the Appellants who are the owners of offending tractor no.RJ-05-IR-7324 against the Award dated 30.06.2018 passed by learned Additional District and Session Judge No.4, Jaipur District Jaipur in Claim Case No.463/2014 (924/2010) NCV No.2449/2014 titled as Dharamsingh Meena & Ors. Vs. Mukesh Kumar Meena & Ors. Whereby the award has been passed for Rs.6,74,800/- (Rupees Six Lakhs Seventy Four Thousand Eight Hundred Only) alongwith interest @ 9% per annum from date of filing claim petition till actual payment against the Appellant, exonerating the Insurance Company from the liability.
2. That the present Appeal has become hopelessly barred by limitation. However, the parties have entered into compromise on the terms & conditions as under:-
(3 of 3) [CMA-278/2026] i. That the Appellants will make the payment of lump sum Rs.11,00,000/- (Rupees Eleven Lakhs Only) in lieu of full and final settlement of the Award dated 30.06.2018 within a period of four weeks from the date of entering into compromise. ii. That the above agreed amount shall be paid through Demand Draft drawn in favour of the Claimant-Respondent No.1
– Dharam Singh Meena. iii. That it is made clear that if the amount so agreed between the parties is not paid within a period of four weeks from the date of entering into compromise, the present Appeal shall stand dismissed
and
the
Claimants- Respondents No. 1 to 3 shall have the right to recover the entire amount payable as per the Impugned Award dated 30.06.2018 from the Appellants. iv. That the Appellants are entitled to get the refund of the amount deposited in compliance of Section 173 of the Motor Vehicles Act, 1988 before the learned Tribunal for which the Claimants Respondents No.1 to 3 have no objection. However, it is made clear that the refund of the amount so deposited in compliance of Section 173 shall only be done after the Appellants have complied with the Clause 2(i) to 2(iii) of this Memo of Compromise.
3. That accordingly, the Appeal deserves to be disposed off in terms of compromise."
7. In view of the above, the present appeal is disposed of in terms of the compromise arrived at between the parties.
8. All pending applications, if any, stand disposed of. (SANDEEP TANEJA),J SAHIL SONI /100