Almas vs M/S Ali Mohammed Abdul Mazid And Ors. ...
2026 Latest Caselaw 138 Raj

Rajasthan High Court - Jodhpur

Almas vs M/S Ali Mohammed Abdul Mazid And Ors. ... on 7 January, 2026

[2026:RJ-JD:554]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Misc. Appeal No. 1035/2018

1.       Abdul Qayyum S/o Shri Abdul Karim,
2.       Sofia Parveen D/o Shri Abdul Qayyum,
3.       Nilofar Pravin D/o Shri Abdul Qayyum,
4.       Almas Qayum S/o Shri Abdul Qayyum, Appellant No. 1 To
         4 Is Resident Of Mohalla Vyapariyan, Bikaner. At Present
         Residing At Flat No. 1102, Building No. 356, Tourist Club,
         Salam Street, Near Modern Bakery, Abu Dhabi Uae.
                                                                      ----Appellants
                                      Versus
1.       M/s Ali Mohammed Abdul Mazid, Through Proprietor Abdul
         Hamid S/o Shri Abdul Mazid, R/o Mohalla Vyapariyan,
         Bikaner, District Bikaner Raj. Owner
2.       Shakir Qureshi S/o Shri Bashir Ahmad, R/o Ward No. 09
         Near Overhead Water Tank, Dudu, Police Station Dudu,
         District Jaipur Rural Raj. Driver
3.       Icici     Lombard     General        Insurance,           Through   Branch
         Manager,      Icici   Bank      Tower,       Bandra       Kurla   Complex,
         Mumbai Maharashtra. Insurance Company
                                                                    ----Respondents
                                Connected With
                   S.B. Civil Misc. Appeal No. 1037/2018
Almas S/o Shri Abdul Qayyum, Resident Of Mohalla Vyapariyan,
Bikaner. At Present Residing At Flat No. 1102, Building No. 356,
Tourist Club, Salam Street, Near Modern Bakery, Abu Dhabi Uae.
                                                                       ----Appellant
                                      Versus
1.       M/s Ali Mohammed Abdul Mazid, Through Proprietor Abdul
         Hamid S/o Shri Abdul Mazid, R/o Mohalla Vyapariyan,
         Bikaner, District Bikaner Raj. Owner
2.       Shakir Qureshi S/o Shri Bashir Ahmad, R/o Ward No. 09
         Near Overhead Water Tank, Dudu, Police Station Dudu,
         District Jaipur Rural Raj. Driver
3.       Icici     Lombard     General        Insurance,           Through   Branch
         Manager,      Icici   Bank      Tower,       Bandra       Kurla   Complex,
         Mumbai Maharashtra. Insurance Company


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                                                                 ----Respondents


For Appellant(s)            :   Mr. Sanjay Nahar
For Respondent(s)           :   Mr. D.S. Chouhan



            HON'BLE MR. JUSTICE SANJEET PUROHIT

Judgment

07/01/2026

1. The present misc. appeals have been filed by the appellants

against the judgment and award dated 19.12.2017 passed by

Motor Accident Claims Tribunal, Bikaner in MAC Case No.

490/2010 (650/2014) & 491/2010(189/2014) whereby the

learned Tribunal has awarded a sum of Rs.5,40,918/- & Rs.7,500/-

respectively along with interest @ 9% per annum.

2. With the active efforts of counsel representing the parties

and the authorities of the Insurance Company, the controversy

involved in these appeals has been settled by mutual compromise.

The Memo of Understanding shall constitute a part of the award.

3. With the consent of the parties, the impugned award dated

19.12.2017 is further enhanced by Rs. 5,00,000/- in Claim Case

No.490/2010 (650/2014) & Rs.20,000/- in 491/2010(189/2014)

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

of the case.

4. The award impugned dated 19.12.2017 is modified

accordingly.

5. The amount so agreed shall be deposited by the respondent

Insurance Company with the Tribunal within a period of three

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

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[2026:RJ-JD:554] (3 of 3) [CMA-1035/2018]

7.5% per annum from the date of this order till actual realization.

The enhanced amount of compensation be disbursed in terms of

the award in the saving bank account of the claimants, without

insisting for deposit in Fixed Deposit.

6. In view of the above, the appeals are disposed of.

7. Stay petitions and pending applications, if any, stand

disposed of.

8. The Registry is directed to send back the record forthwith.

(SANJEET PUROHIT),J 193-194/praveen/-

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