[Cites 0, Cited by 0]
Rajasthan High Court - Jodhpur
Babu Lal vs Nanji And Ors. (2026:Rj-Jd:1410) on 8 January, 2026
[2026:RJ-JD:1410]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1260/2015
Babu Lal
----Appellant
Versus
Nanji And Ors.
----Respondent
Connected With
S.B. Civil Misc. Appeal No. 1240/2015
Smt. Radha And Ors.
----Appellant
Versus
Nanji And Ors.
----Respondent
S.B. Civil Misc. Appeal No. 1258/2015
Suresh
----Appellant
Versus
Nanji And Ors.
----Respondent
For Appellant(s) : Mr. B.S. Deora
For Respondent(s) : Mr. Jagdish Vyas
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
08/01/2026
1. The present appeals have been preferred against the
judgment and award dated 09.04.2015 passed by Motor Accident
Claims Tribunal, Dungarpur, in Claim Case No. 75/2013, 97/2013,
133/2013 whereby an amount of Rs.1,96,815/-, Rs. 5,36,128/- &
Rs.1,11,947/- with interest @ 9 % per annum was awarded in
(Uploaded on 13/01/2026 at 11:29:44 AM)
[2026:RJ-JD:1410] (2 of 3) [CMA-1260/2015]
favour of the claimants. Vide the said award, the Insurance
Company was exonerated from the liability.
2. Today a memorandum of understanding has been placed on
record jointly by counsel for the claimants as well as respondent-
Insurance Company with a submission that a settlement has been
entered into between the parties. As per the settlement the
respondent- Insurance Company has admitted its liability and has
agreed to indemnify the owner and pay the compensation amount
to the claimants.
3. The Memorandum of understanding as filed is taken on
record.
4. Counsel for the claimants submits that till date they have not
received any amount from the owner and counsel for the owner
also admitted that he has not paid any amount qua the award to
the claimants till date.
5. The claimants have also undertaken that the amount, if any,
received by them from the owner/driver in furtherance of the
Award, shall be returned/refunded back by them to the
owner/driver.
6. As per the Memorandum of Understanding, the respondent
Insurance Company has agreed to pay an amount of
Rs.2,75,000/- ( in Claim Case No.75/2013), Rs. 8,00,000/- (in
Claim Case No.97/2013) and Rs.1,75,000/- (in Claim Case
No.133/2013) to the claimants as a full and final settlement of the
case. The claimants have agreed to accept the said amount.
7. In view of the above and in terms of the settlement as
entered into between the parties and in spirit of Lok Adalat, it is
held that now the claimants shall be entitled to a lumpsum
(Uploaded on 13/01/2026 at 11:29:44 AM)
[2026:RJ-JD:1410] (3 of 3) [CMA-1260/2015]
amount of Rs.2,75,000/-, Rs.8,00,000/- & Rs.1,75,000/- as a full
and final settlement of the case. The amount so agreed shall be
deposited by the 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 amount of compensation be
disbursed/deposited in terms of the award in the Saving Bank
Account of the claimants without insisting upon to deposit the
same in Fixed Deposit.
8. The appeals stand disposed of with the above observations.
9. All pending applications, if any, also stand disposed of.
10. Let the record be sent back to the learned Tribunal forthwith.
(SANJEET PUROHIT),J
181-183 yagya/-
(Uploaded on 13/01/2026 at 11:29:44 AM)
Powered by TCPDF (www.tcpdf.org)
