Citation : 2026 Latest Caselaw 1712 Raj
Judgement Date : 4 February, 2026
[2026:RJ-JD:6334]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2719/2018
1. Kulsum Begum W/o Late Abdul Kadar, Aged About 58
Years, B/c Musalman, R/o Momin Mohalla, Kapasan, Tehsil
Kapasan, District Chittorgarh.
2. Shahnaz Begum W/o Abdul Salam, Aged About 43 Years,
D/o Late Abdul Kadar, B/c Musalman, R/o Momin Mohalla,
Kapasan, Tehsil Kapasan, District Chittorgarh.
3. Abdul Salam S/o Late Abdul Kadar, Aged About 40 Years,
B/c Musalman, R/o Momin Mohalla, Kapasan, Tehsil
Kapasan, District Chittorgarh.
4. Jenab W/o Mohd. Yunus, Aged About 38 Years, D/o Late
Abdul Kadar, B/c Musalman, R/o Momin Mohalla, Kapasan,
Tehsil Kapasan, District Chittorgarh.
5. Mohd. Saeed S/o Late Abdul Kadar, Aged About 36 Years,
B/c Musalman, R/o Momin Mohalla, Kapasan, Tehsil
Kapasan, District Chittorgarh.
6. Shamsunita W/o Abdul Hamid, Aged About 32 Years, D/o
Late Abdul Kadar, B/c Musalman, R/o Momin Mohalla,
Kapasan, Tehsil Kapasan, District Chittorgarh.
7. Jahida Begum W/o Mohd. Saeed, Aged About 30 Years,
D/o Late Abdul Kadar, B/c Musalman, R/o Momin Mohalla,
Kapasan, Tehsil Kapasan, District Chittorgarh.
----Appellants
Versus
1. United India Insurance Co. Ltd., Through Its Branch
Manager, A-14, Pratap Nagar, Chittorgarh. (Insurer
Tractor No. Rj-09/ra-0194)
2. Haricharan Singh @ Hari Singh S/o Roop Singh Rajput, R/
o Kulachi, Tehsil Amet, District Rajsamand. (Owner
Tractor No. Rj09/ra-0194)
3. Shanti Das @ Shanti Lal S/o Baludas Vaishnav, R/o Guda,
P.s. Gangapur, Tehsil Sahada, District Bhilwara. (Driver
Tractor No. Rj-09-Ra-0194)
4. National Insurance Company Limited, Through Its Branch
Manager, Hotel Meera Basement Station Road,
Chittrorgarh. (Insurer Maruti Van No. Rj-09-Ta-0066)
5. Rekha Kumari Garg D/o Purushottam Garg, Garg Mohalla,
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[2026:RJ-JD:6334] (2 of 3) [CMA-2719/2018]
Kapasan, District Chittorgarh. (Owner Maruti Van No. Rj-
09-Ta-0066)
6. Shankar @ Prem Shankar S/o Narayan Lal Jatiya, Dovani,
Tehsil Kapasan, District Chittorgarh. (Driver Maruti Van
No. Rj-09-Ta-0066)
----Respondents
For Appellant(s) : Mr. Manish Kumar Pitaliya
For Respondent(s) : Mr. Amit Mehta
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
04/02/2026
The instant appeal has been filed against the judgment and
award dated 06.06.2018 passed by learned Judge, Motor Accident
Claims Tribunal, District Chittorgarh in Motor Accident Case
No.695/2010 whereby the learned tribunal has awarded a sum of
Rs.3,26,724/- in favour of the appellant.
Learned counsel for the parties submit that they have
entered into a memorandum of understanding and the insurance
company has agreed to pay a further enhanced sum of
Rs.5,50,000/- towards full and final settlement of the claim made
by the appellant.
Therefore, it is prayed that the present appeal may be
disposed of in the light of the memo of understanding entered into
between the parties.
In view of above, it is ordered that the above said enhanced
amount of Rs.5,50,000/- shall be paid by the insurance company
to the appellant within a period of three months from today. If the
said amount is not paid by the insurance company within a period
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[2026:RJ-JD:6334] (3 of 3) [CMA-2719/2018]
of three months, the insurance company shall pay interest @ 7%
from today on the enhanced amount till the amount is actually
paid to the appellant.
The appeal stands disposed of in above terms. The
memorandum of understanding is taken on record.
Stay petition and all pending applications, if any, also stand
disposed of.
(MUKESH RAJPUROHIT),J 208-mSingh/-
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