Smt. Farida Bibi And Anr vs Noor Mohammed And Anr. ...
2025 Latest Caselaw 13658 Raj

Rajasthan High Court - Jodhpur

Smt. Farida Bibi And Anr vs Noor Mohammed And Anr. ... on 23 September, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:42637]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Civil Misc. Appeal No. 2414/2011

1.Smt. Farida Bibi W/o Babu Khan, age about 42 years,
2.Smt. Jaibun Bano W/o Fakir Mohammed, aged 50 years, both
resident of Swaroopganj, Tehsil Pindwara, District Sirohi.
                                                                           ----Appellant
                                         Versus
1.Noor Mohammed S/o Sher Mohammad Makrani, resident of
Opp. New Masjid Swaroopganj, Tehsil Pindwara, District Sirohi
2.Manager, HDFC/ERGO General Insurance Company Limited, 6 th
Floor, Lila Business Park, Andheri Curla Road, Andheri (E),
Mumbai (Maharashtra).
                                                                         ----Respondent


For Appellant(s)             :     Mr. Surendra Surana
For Respondent(s)            :     Mr. Santosh Choudhary


               HON'BLE DR. JUSTICE NUPUR BHATI

Order

23/09/2025

1. A joint submission has been made by learned counsel for the

parties that with a view to put an end the issue, both the parties

have amicably executed a Memorandum of Understanding,

whereby the claimants have agreed for enhanced compensation to

the tune of Rs.3,50,000/- as full and final settlement, which has

been duly accepted by the non-claimant- Insurance Company.

2. The present civil misc. appeal has been preferred by the

appellant seeking enhancement of the compensation amount as

awarded vide judgment/award dated 24.06.20211 in MAC Case

No.127/2009 whereby the claim of the appellants seeking

compensation against the respondents was partly allowed also

holding the insurance company liable jointly and severally to pay

(Uploaded on 23/09/2025 at 05:33:25 PM)

[2025:RJ-JD:42637] (2 of 2) [CMA-2414/2011]

compensation of Rs.2,51,000/- along with interest @ 6% per

annum.

3. Learned counsel for the parties have placed on record a

Memorandum of understanding ('MOU') dated 23.09.2025 and

submit that the parties have arrived at a settlement and the claim

has been amicably settled, as the insurance company has agreed

to pay an amount of Rs.3,50,000/- in addition to the amount

already paid.

4. Learned counsel for the respondent-insurance company does

not raise any objection to the Memorandum of Understanding

arrived at between the parties.

5. Accordingly and in view of the above, the compensation

amount as awarded by the learned Tribunal vide impugned

judgment dated 24.06.2011, is further enhanced by Rs.3,50,000/-

in favour of the claimants/appellants as a full and final settlement

of the case. The amount so agreed shall be deposited by the

Insurance Company with the Tribunal within a period of three

months from today, failing which, the same shall carry interest @

6% per annum from the date of this order till actual realization.

6. Accordingly, the instant misc. appeal is disposed of. Pending

applications, if any, also stand disposed of. The MOU dated

23.09.2025 is taken on record.

(DR. NUPUR BHATI),J surabhii/275-

(Uploaded on 23/09/2025 at 05:33:25 PM)

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