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Rajasthan High Court - Jodhpur
Rameshwari Devi vs Jai Prakash (2026:Rj-Jd:573) on 7 January, 2026
[2026:RJ-JD:573]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2609/2019
1. Rameshwari Devi W/o Late Shri Sunil Kumar, Aged About
28 Years, B/c Bishnoi, R/o Jaisinghdesar Magra, Tehsil
And District Bikaner (Raj.)
2. Suryakant S/o Late Shri Sunil Kumar, Aged About 8 Years,
Minor Through Natural Guardian Mother Smt. Rameshwari
Devi W/o Late Shri Sunil Kumar, Aged 28 Years, B/c
Bishnoi, R/o Jaisinghdesar Magra, Tehsil And District
Bikaner (Raj.)
3. Chandrakanta S/o Late Shri Sunil Kumar, Aged About 11
Years, Minor Through Natural Guardian Mother Smt.
Rameshwari Devi W/o Late Shri Sunil Kumar, Aged 28
Years, B/c Bishnoi, R/o Jaisinghdesar Magra, Tehsil And
District Bikaner (Raj.)
4. Smt. Rampyari W/o Shri Sahiram, Aged About 63 Years,
B/c Bishnoi, R/o Jaisinghdesar Magra, Tehsil And District
Bikaner (Raj.)
5. Sahiram S/o Shri Sadasuk, Aged About 65 Years, B/c
Bishnoi, R/o Jaisinghdesar Magra, Tehsil And District
Bikaner (Raj.)
----Appellants
Versus
1. Jai Prakash S/o Asha Ram, B/c Darji (Tak), R/o 6 E 5,
Pawanpuri, Police Station Jai Narayan Vyas Colony,
Bikaner (Raj.) (Owner)
2. Vikas S/o Jai Prakash, B/c Darji (Tak), R/o 6 E 5,
Pawanpuri, Police Station Jai Narayan Vyas Colony,
Bikaner (Raj.) (Driver)
3. Icici Lombard General Insurance Company Limited, Main
Office, Icici Bank Tower, Bandra Kurla Complex , Mumbai
(E) - 400051, Branch Office Icici Lombard General
Insurance Company Limited, Ground Floor, Silver Square,
Opposite Income Tax Office, Rani Bazar, Bikaner (Raj.)
(Insurance Company)
----Respondents
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[2026:RJ-JD:573] (2 of 3) [CMA-2609/2019]
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. appeal has been filed by the appellants
against the judgment and award dated 26.03.2019 passed by
Motor Accident Claims Tribunal, Bikaner in MAC Case No.
397/2013 whereby the learned Tribunal has awarded a sum of Rs.
26,77,785/- 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.
3. With the consent of the parties, the impugned award dated
26.03.2019 is further enhanced by Rs. 29,80,000/- in favour of
the claimants-appellants as a full and final settlement of the case.
4. The award impugned dated 26.03.2019 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
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[2026:RJ-JD:573] (3 of 3) [CMA-2609/2019]
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
197-praveen/-
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