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Rajasthan High Court - Jodhpur
Shanti Devi vs Ram Pratap (2026:Rj-Jd:646) on 7 January, 2026
[2026:RJ-JD:646]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1354/2020
1. Shanti Devi W/o Shri Ram Pratap, Aged About 50 Years,
B/c Bishnoi , R/o Ruplai Dhora Ki Dhani , Panchayat Road,
Tehsil Nokha , Distt. Bikaner (Raj.)
2. Manju @ Meera D/o Shri Ram Pratap, Aged About 27
Years, B/c Bishnoi , R/o Ruplai Dhora Ki Dhani ,
Panchayat Road, Tehsil Nokha , Distt. Bikaner (Raj.)
3. Dropadi D/o Shri Ram Pratap, Aged About 26 Years, B/c
Bishnoi , R/o Ruplai Dhora Ki Dhani , Panchayat Road,
Tehsil Nokha , Distt. Bikaner (Raj.)
4. Kailash S/o Shri Ram Pratap, Aged About 25 Years, B/c
Bishnoi , R/o Ruplai Dhora Ki Dhani , Panchayat Road,
Tehsil Nokha , Distt. Bikaner (Raj.)
5. Suresh S/o Shri Ram Pratap, Aged About 23 Years, B/c
Bishnoi , R/o Ruplai Dhora Ki Dhani , Panchayat Road,
Tehsil Nokha , Distt. Bikaner (Raj.)
6. Ganga Devi D/o Shri Ram Pratap, Aged About 22 Years,
B/c Bishnoi , R/o Ruplai Dhora Ki Dhani , Panchayat Road,
Tehsil Nokha , Distt. Bikaner (Raj.)
7. Shyam Sunder S/o Shri Ram Pratap, Aged About 21
Years, B/c Bishnoi , R/o Ruplai Dhora Ki Dhani ,
Panchayat Road, Tehsil Nokha , Distt. Bikaner (Raj.)
----Appellants
Versus
1. Ram Pratap S/o Dhanna Ram, B/c Bishnoi , R/o Near
Jambheshwar Temple Road , Tehsil Nokha , Distt. Bikaner
(Raj.) (Owner)
2. Hanuman Ram S/o Mamraj Bishnoi, R/o Saludia , Tehsil
Nokha , Distt. Bikaner (Raj.) (Driver)
3. Icici Lombard General Insurancer Company Limited,
Through Divisional Manager , B/o Icici Bank Tower ,
Bandra Kurla Complex , Mumbai (E) - 400051 (Insurance
Company)
----Respondents
For Appellant(s) : Mr. Sanjay Nahar
For Respondent(s) : Mr. Devendra Singh Chouhan
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[2026:RJ-JD:646] (2 of 3) [CMA-1354/2020]
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
07/01/2026
1. The present appeal has been preferred against the judgment
and award dated 12.07.2017 passed by Motor Accident Claims
Tribunal (First) Bikaner in Claim Case No. 342/2008 (1029/2014)
whereby the claim petition as preferred by the claimant stood
dismissed.
2. A Memorandum of Understanding has been filed by both the
counsels jointly with a submission that respondent-claimant
Insurance Company has accepted its liability and has agreed to
pay a sum of Rs. 6,50,000/- (lumpsum) as a full and final
settlement to the appellant-claimant qua MAC Case no. 342/2008.
The claimant also has agreed to accept the said amount as a full
and final settlement.
3. The Memorandum of Understanding as filed is taken on
record.
4. In view of the submissions made in the Memorandum of
Understanding, the judgment and award dated 12.07.2017 is
hereby quashed and set aside. The MAC Case No.342/2008 as
preferred by the claimant is partly allowed. As the claimant has
settled his case finally for an amount of Rs.6,50,000/-, the
claimant is hereby held entitled for the said amount of
Rs.6,50,000/- to be paid within a period of two months from
today by respondent-Insurance Company. The amount shall be
deposited by the Insurance Company with the learned Tribunal
within a period of three months from now, failing which, the same
shall carry interest @ 7.5% per annum from the date of this order
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[2026:RJ-JD:646] (3 of 3) [CMA-1354/2020]
till actual realization. The amount when deposited be disbursed to
the claimant in his Saving Bank Account without insisting upon
depositing the same in Fixed Deposit.
5. The appeal stands disposed of.
6. All pending applications, if any, also stand disposed of.
(SANJEET PUROHIT),J
199-yagya/-
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