Rajasthan High Court
CMA/1601/2015 of SMT PUSHPA AND ANR Vs DR ALOK MEHRA AND ANR on 2 April 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1601/2015 1. Smt. Pushpa W/o Late Shri Suresh Kumar Pareek, By Caste Brahmin, R/o Village Thikariya, Tehsil - Uniyara, District Tonk Raj. 2. Niharika D/o Late Shri Suresh Kumar Pareek, By Caste Brahmin Appellant No. 2
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1601/2015
1.
Smt. Pushpa W/o Late Shri Suresh Kumar Pareek, By Caste Brahmin, R/o Village Thikariya, Tehsil - Uniyara, District Tonk Raj.
2.
Niharika D/o Late Shri Suresh Kumar Pareek, By Caste Brahmin Appellant No. 2 Being Minor Represente, R/o Village Thikariya, Tehsil - Uniyara, District Tonk Raj.
----Appellants
Versus
1.
Dr. Alok Mehra S/o Prem Narayan Mehra, R/o 567, Uday Path, Vivek Vihar, New Sanganer Road, Jaipur
2.
H.d.f.c. Ergo General Insurance Co. Ltd. Through Branch Manager, Branch Office C-98, Upasana Tower, Subhash Marg, C-Scheme, Jaipur Raj.
----Respondents
For Appellant(s)
:
Mr. Anirudh Gupta for
Mr. Deepak Khandelwal
For Respondent(s)
:
Mr. Virendra Agrawal
HON'BLE MR. JUSTICE SANDEEP TANEJA
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Order
02/04/2026
1. This appeal has been filed under section 173 of Motor Vehicles Act, 1988 by the appellants-claimants (hereinafter referred to as ‘claimants’) against the judgment and award dated 15.05.2014 passed by the learned Motor Accident Claims Tribunal, Judge, Tonk in Motor Accident Claim Case No.487/2012, whereby the claim petition filed by the claimants was partly allowed by awarding total compensation of Rs.6,35,732/- along with interest @ 7% per annum in favour of the claimants.
2. At the outset, learned counsel for the claimants and the respondent No.2- Insurance Company jointly submit that during
(2 of 3) [CMA-1601/2015] the pendency of this appeal, the parties have resolved their dispute amicably and accordingly a settlement has been arrived at between them by way of a compromise.
3. A copy of memo of compromise duly signed by the learned counsel for both the parties has been placed on record on 27.11.2025. On a specific query by this Court, learned counsel for both 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.2 have entered into the compromise on the terms that the insurance company is ready and willing to make further enhancement of the compensation amount to the tune of Rs.3,50,000/- (Rs. Three Lac Fifty Thousand Only) in all which includes interest parts as well, meaning thereby the insurance company would make the payment of Rs.3,50,000/- (Rs.Three Lac Fifty 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."
4. Learned counsel for both the parties jointly pray that the present appeal be disposed of in light of the compromise arrived at between the parties.
5. Considering the submission of learned counsel for both the parties and memo of compromise, it is directed that Insurance Company shall pay a sum of Rs.3,50,000/- in all, to the claimants, in addition to the amount already awarded by the learned Tribunal within a period of two months.
6. Accordingly, the impugned judgment and award dated 15.05.2014 is modified. The terms of memo of compromise shall be treated as an integral part of this order.
(3 of 3) [CMA-1601/2015]
7. The instant appeal is disposed of in the above terms.
8. All pending application(s), if any, also stand disposed of. (SANDEEP TANEJA),J AVINASH GULERIA /91