Citation : 2026 Latest Caselaw 2375 Raj
Judgement Date : 13 February, 2026
[2026:RJ-JD:8208]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 49/2025
1. Lachhi W/o Hukama Ram, Aged About 24 Years, R/o
Devipura, Redana, Teh. Garda Road, Dist. Barmer.
2. Kuldeep Choudhary S/o Hukama Ram, Aged About
6 Years, Minor- Through Natural Guardian Mother Lachhi
W/o Lt. Sh. Hukama Ram R/o Devipura, Redana, Teh.
Garda Road, Dist. Barmer.
3. Girdhari Ram S/o Labhu Ram, Aged About 76 Years, R/o
Devipura, Redana, Teh. Garda Road, Dist. Barmer.
4. Jamna Devi W/o Girdhari Ram, Aged About 67 Years, R/o
Devipura, Redana, Teh. Garda Road, Dist. Barmer.
----Appellants
Versus
1. Sona Ram S/o Mukna Ram, R/o Ratasar, Ps Bijrad, Dist.
Barmer.
2. Babubhai Udriya S/o Jakharbhai, R/o Pashuda, Ps Dudhai,
Dist. Bhuj, Gujrat.
3. Manager Royal Sundaram General Insurance Company
Limited, Unit No. 801A, 8Th Floor, Devika Tower, Nehru
Place, D-9 Nehru Place, New Delhi.
----Respondents
For Appellant(s) : Mr. S.K. Sankhla
For Respondent(s) : Mr. Dhanpat Choudhary
HON'BLE MS. JUSTICE REKHA BORANA
Order
13/02/2026
1. Office has pointed out two defects in the present appeal.
2. With respect to defect No.1, an application under Section 5
of the Limitation Act has been filed seeking condonation of delay
of 232 days in filing the present appeal.
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[2026:RJ-JD:8208] (2 of 3) [CMA-49/2025]
3. For the reasons stated in the application, the same is
allowed. The delay caused in filing the present appeal is condoned.
4. So far as Defect No.2 is concerned, the same is overruled.
5. A joint submission has been made by learned counsels for
the claimants and the Insurance Company that a compromise has
been entered into between the parties in the spirit of Lok Adalat.
6. Counsel Mr. Dhanpat Choudhary submits that he has been
authorised by the Insurance Company to enter into the said
compromise.
7. The present civil misc. appeal has been preferred by the
appellants seeking enhancement of the compensation amount as
awarded vide judgment dated 10.01.2024 passed by learned
Motor Accident Claims Tribunal, Barmer in MAC Case No.208/2022
whereby the claim of the appellants seeking compensation against
the respondents was partly allowed holding defendant No.3-
Insurance Company also jointly and severally liable to pay
compensation of Rs.18,84,790/- with interest @6% per annum.
8. Counsel for the parties have placed on record a
memorandum of understanding/compromise entered into between
the parties, which is taken on record.
9. In view of the above and in spirit of Lok Adalat, the
compensation amount as awarded by the impugned
judgment/award dated 10.01.2024 is further enhanced by
Rs.2,80,000/- 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 two months from today, failing which, the same shall
carry interest @7.5% per annum from the date of this order till
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[2026:RJ-JD:8208] (3 of 3) [CMA-49/2025]
actual realization. The enhanced amount of compensation be
disbursed to the claimants in terms of the award.
10. With the above observations, the present misc. appeal is
disposed of.
11. Pending applications, if any, stand disposed of.
(REKHA BORANA),J 50-KashishS/-
(Uploaded on 13/02/2026 at 05:42:44 PM)
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