Citation : 2026 Latest Caselaw 2891 Raj
Judgement Date : 20 February, 2026
[2026:RJ-JD:9424]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2244/2022
1. Abdul Majid @ Maajid S/o Ahmad Khan Musalman, Aged
About 70 Years, R/o Ward No. 5, Gazi Nagri, Bad Ka
Chowk, Jahazpur, District Bhilwara.
2. Salman Bano W/o Abdul Majid @ Maajid Musalman, Aged
About 68 Years, R/o Ward No. 5, Gazi Nagri, Bad Ka
Chowk, Jahazpur, District Bhilwara.
3. Shama Parveen W/o Late Nisar Mohammad Musalman,
Aged About 32 Years, R/o Ward No. 5, Gazi Nagri, Bad Ka
Chowk, Jahazpur, District Bhilwara.
4. Najumeen Banu D/o Late Nisar Mohammad Musalmanq,
Aged About 21 Years, R/o Ward No. 5, Gazi Nagri, Bad Ka
Chowk, Jahazpur, District Bhilwara.
5. Javed Khan S/o Late Nisar Mohammad Musalman, Aged
About 19 Years, R/o Ward No. 5, Gazi Nagri, Bad Ka
Chowk, Jahazpur, District Bhilwara.
6. Saniya Banu D/o Late Nisar Mohammad Musalman, Aged
About 15 Years, Minor Through Their Natural Guardian
Mother Shama Parven (Appellant No. 3),r/o Ward No. 5,
Gazi Nagri, Bad Ka Chowk, Jahazpur, District Bhilwara.
7. Ali Hussain S/o Late Nisar Mohammad Musalman, Aged
About 13 Years, Minor Through Their Natural Guardian
Mother Shama Parven (Appellant No. 3),r/o Ward No. 5,
Gazi Nagri, Bad Ka Chowk, Jahazpur, District Bhilwar
----Appellants
Versus
1. Ramdev Saini S/o Sh. Jagdish Saini, R/o Village Mangli
Khurd, Tehsil And Ps Hindoli, District Bundi (Raj.) (Owner)
2. Mohan Lal S/o Sh. Bajrang Lal Kumawat, R/o Village
Mangli Khurd, Mali Mohalla, Tehsil And Ps Hindoli, District
Bundi (Raj.) (Driver)
3. Hdfc Ergo General Insurance Company Ltd., Through Its
Chief Manager, Hdfc Ergo Gen. Ins. Co. Branch Jodhpur.
(Raj.) (Insurer)
----Respondents
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[2026:RJ-JD:9424] (2 of 3) [CMA-2244/2022]
For Appellant(s) : Mr. Manish Kumar Pitaliya
For Respondent(s) : Mr. Vishal Singhal
HON'BLE MS. JUSTICE REKHA BORANA
Order
20/02/2026
1. 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.
2. Counsel Mr. Vishal Singhal submits that he has been
authorised by the Insurance Company to enter into the said
compromise.
3. The present civil misc. appeal has been preferred by the
appellants seeking enhancement of the compensation amount as
awarded vide judgment dated 31.08.2022 passed by learned
Motor Accident Claims Tribunal, Shahpura, District Bhilwara in
MAC Case No.118/2018 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.9,33,928/- with interest
@6% per annum.
4. Counsel for the parties have placed on record a
memorandum of understanding/compromise entered into between
the parties, which is taken on record.
5. In view of the above and in the spirit of Lok Adalat, the
compensation amount as awarded vide impugned
judgment/Award dated 31.08.2022 is further enhanced by
Rs.5,00,000/- in favour of the claimants-appellants as a full and
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[2026:RJ-JD:9424] (3 of 3) [CMA-2244/2022]
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
actual realization. The enhanced amount of compensation be
disbursed to the claimants in terms of the Award.
6. With the above observations, the present misc. appeal is
disposed of.
7. Pending applications, if any, stand disposed of.
8. Let record be sent back to the learned Tribunal forthwith.
(REKHA BORANA),J 41-manila/-
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