Rajesh Kumar vs Gomti Devi
2021 Latest Caselaw 6354 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1778/2020

1. Rajesh Kumar S/o Basti Das, Aged About 50 Years, B/c Saad, R/o Sadon Ka Bas, Shergarh, Tehsil Shergarh, District Jodhpur (Owner Of Tractor No. Rj 19 Rc-7364)

2. Tulchharam S/o Amraram, Aged About 1 Years, B/c Jat, R/o Kudchhi, Police Station Khinvsar, Tehsil Khinvsar, District Nagaur At Present R/o Chak 37 Sbs, Police Station Mohangarh, Tehsil And District Jaisalmer. (Driver Of Tractor No. Rj 19Rc-7364)

----Appellants Versus

1. Gomti Devi W/o Late Shri Nanak Ram, Aged About 40 Years, B/c Kumhar, R/o Rojdi, Tehsil Gharsana, District Sri Ganganagar.

2. Smt. Pema Devi W/o Late Shri Heera Ram, Aged About 73 Years, B/c Kumhar, R/o Rojdi, Tehsil Gharsana, District Sri Ganganagar.

3. Rameshwar Lal S/o Late Sh. Nanak Ram, Aged About 21 Years, B/c Kumhar, R/o Rojdi, Tehsil Gharsana, District Sri Ganganagar.

4. Maya D/o Late Sh. Nanak Ram, Aged About 19 Years, B/c Kumhar, R/o Rojdi, Tehsil Gharsana, District Sri Ganganagar.

5. Ved Prakash S/o Late Sh. Nanak Ram, Aged About 15 Years, Minor Through His Natural Guardian Mother Smt. Gomti Devi W/o Late Shri Nanak Ram. B/c Kumhar, R/o Rojdi, Tehsil Gharsana, District Sri Ganganagar.

6. Cholamandalam Ms General Insurance Company Ltd., No. 757, Ist And 2Nd Floor, Ishwrachal, Sardarpura, 5Th Road Circle, Jodhpur Ho, Jodhpur 342001 Opp. Old Kohinoor Cinema, Jodhpur (Insurer Of Tractor No. Rj 19 Rc-7364)

----Respondents

For Appellant(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. Binja Ram Mr. O.P. Sangwa

(2 of 2) [CMA-1778/2020]

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

03/03/2021

The present appeal has been preferred against the judgment

and award dated 17.02.2020 passed by Motor Accident Claims

Tribunal, Jaisalmer, whereby respondent No.6-Insurance Company

was exonerated and the liability to pay compensation was

fastened upon the present appellants. The present appellants are

the driver and owner of the offending vehicle involved in the

accident which occurred on 26.03.2015. Before filing of the

appeal, the parties have entered into a compromise. A copy of the

same is produced on record.

Learned counsel for the parties submit that they have settled

the matter outside the Court in terms of the

agreement/settlement.

In the circumstances, the award passed by the Tribunal is

duly satisfied. Thus, the present miscellaneous appeal is disposed

of in the light of the settlement arrived at between the parties.

(VINIT KUMAR MATHUR),J

128-/VivekM/-

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