Smt. Seema Agarwal And Anr vs Manoj Kumar Joshi And Anr. ...
2026 Latest Caselaw 140 Raj

Rajasthan High Court - Jodhpur

Smt. Seema Agarwal And Anr vs Manoj Kumar Joshi And Anr. ... on 7 January, 2026

[2026:RJ-JD:522]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Misc. Appeal No. 604/2018

1.       Smt. Seema Agarwal W/o Late Sandeep Agarwal,
2.       Priya Agarwal D/o Late Sandeep Agarwal, Both Are
         Resident Of Rani Bazaar, Bikaner Raj..
                                                                      ----Appellants
                                      Versus
1.       Manoj Kumar Joshi S/o Shri Madan Lal, By Caste Joshi, R/
         o Outside Pabubari, Bikaner Raj.. - Owner And Driver
2.       Icici     Lombard       General      Insurance,           Through   Branch
         Manager, R/o Ground Floor, Silver Square, Opposite
         Income Tax Office, Rani Bazaar, Bikaner Raj.. - Insurance
                                                                    ----Respondents


For Appellant(s)             :    Mr. Sanjay Nahar
For Respondent(s)            :    Mr. Devendra Singh Chouhan



            HON'BLE MR. JUSTICE SANJEET PUROHIT

Judgment

07/01/2026

1. The present misc. appeal has been filed by the appellants

against the judgment and award dated 27.09.2017 passed by

Motor Accident Claims Tribunal, Bikaner in MAC Case No.

389/2013 whereby the learned Tribunal has awarded a sum of Rs.

35,46,868/- along with interest @ 7% per annum.

2. With the active efforts of counsel representing the parties

and the authorities of the Insurance Company, the controversy

involved in this appeal has been settled by mutual compromise.

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

(Uploaded on 07/01/2026 at 07:02:30 PM)

[2026:RJ-JD:522] (2 of 2) [CMA-604/2018]

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

27.09.2017 is further enhanced by Rs. 1,00,000/- in favour of the

claimants-appellants as a full and final settlement of the case.

4. The award impugned dated 27.09.2017 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 @

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 appeal is disposed of.

7. Stay petition and pending applications, if any, stand disposed

of.

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

(SANJEET PUROHIT),J 192-praveen/-

(Uploaded on 07/01/2026 at 07:02:30 PM)

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