Citation : 2026 Latest Caselaw 3020 Raj
Judgement Date : 23 February, 2026
[2026:RJ-JD:9637]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2145/2015
Ratan Lal S/o Duda Ji Rawat, Aged About 33 Years, R/o Rayla,
Tehsil Vallabhnagar, District Udaipur. (Claimant)
----Appellant
Versus
1. Khemraj S/o Bhagga Ji Rawat, R/o Padmela, Tehsil
Vallabhnagar, District Udaipur. (Driver)
2. Puji Ram S/o Dalla Ram Rawat, R/o Adida, Bus Stand, Tehsil
Vallabhnagar, District Udaipur. (Owner)
3. Reliance General Insurance Company Ltd. Through Branch
Manager, Branch Office Udaipur. (Insurer)
----Respondent
For Appellant(s) : Ms. Nidhi Singhvi for Mr. Deelip
Kawadia
For Respondent(s) : Mr. T.R.S. Sodha
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
23/02/2026
1. The instant appeal has been filed against the judgment and
award dated 25.07.2015 passed by learned Court of Motor
Accident Claims Tribunal No.1, Udaipur, in MACP No.1018/2010
whereby the learned Tribunal while exonerating the respondent-
Insurance company from its liability, awarded a sum of
Rs.1,23,760/- in favour of the appellant which was to be paid by
the respondent No.2 -Puji Ram.
2. Learned counsel for the parties submit that they have
entered into a memorandum of understanding and the respondent
No.3 - Insurance company has agreed to pay a total sum of
Rs.3,00,000/- including the amount awarded by the Tribunal
towards full and final settlement of the claim made by the
appellant.
(Uploaded on 23/02/2026 at 05:04:31 PM)
[2026:RJ-JD:9637] (2 of 2) [CMA-2145/2015]
3. 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.
4. It is submitted by the learned counsel for the appellant that
since insurance company has agreed to satisfy the award, the
claimant be restrained to recover the compensation amount from
the owner.
5. In view of above, it is ordered that the above said enhanced
amount of Rs.3,00,000/- shall be paid by the insurance company
to the appellant within a period of two months from today. If the
said amount is not paid by the insurance company within a period
of two months, the insurance company shall pay interest @ 7%
from today on the enhanced amount till the amount is actually
paid to the appellant.
6. It is made clear that since, the insurance company has
agreed to deposit Rs.3,00,000/- towards full and final settlement
of the claim, the claimant is restrained to proceed further for
recovery of the awarded amount from the owner. In case, the
claimant has recovered any amount from owner, same shall be
adjusted against amount to be deposited by the Insurance
company in pursuance of this order.
7. The appeal stands disposed of in above terms. The
memorandum of understanding is taken on record.
8. Stay petition and all pending applications, if any, also stand
disposed of.
(MUKESH RAJPUROHIT),J 185-Ramesh/-
(Uploaded on 23/02/2026 at 05:04:31 PM)
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