Citation : 2026 Latest Caselaw 303 Raj
Judgement Date : 9 January, 2026
[2026:RJ-JD:1243]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 456/2024
Sunil Prakash Sharma Alias Sunil Sharma S/o Shri Dev Saran
Sharma, Aged About 24 Years, Business E Mitra Service Center
Operator, R/o Bhimpur, P.s. Lohariya, Tehsil Garhi, Dist.
Banswara (Raj.). Presently Injured Sunil Prakash Sharma Alias
Sunil Sharma Is Physically Unfit And Also Unable To Speak
Properly And Clearly Therefore His Wife As A Legal Friend Smt.
Chanchal Devi Alias Chanchal Sharma W/o Sunil Prakash Sharma
Alias Sunil Sharma S/o Shri Devi Saran Sharma, Aged 24 Years,
R/o Bhimpur, P.s. Lohariya, Tehsil Garhi, Dist. Banswara (Raj.)
----Appellant
Versus
1. Kanak Singh Solanki S/o Shri Bharat Singh, Aged About
32 Years, R/o Rajput Mohalla, Torna, Aasan, Tehsil Garhi,
Dist. Banswara (Raj.) (Driver/owner)
2. Branch Manager Shri Ram General Ins. Co. Ltd., E-8,
Epip, Riico Industrial Area, Sitapura, Jaipur, (Raj.)
----Respondents
For Appellant(s) : Mr. R.S. Bhati
For Respondent(s) : Mr. Vishal Singhal
HON'BLE MR. JUSTICE SANJEET PUROHIT
Judgment
09/01/2026
1. The present misc. appeal has been filed by the appellant
against the judgment and award dated 21.09.2023 passed by
Family Court, Banswara in MAC Case No. 230/2023 whereby the
learned Court has awarded a sum of Rs. 12,82,001/- 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
(Uploaded on 12/01/2026 at 12:06:55 PM)
[2026:RJ-JD:1243] (2 of 2) [CMA-456/2024]
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
21.09.2023 is further enhanced by Rs. 12,00,000/- in favour of
the claimants-appellants as a full and final settlement of the case.
4. The award impugned dated 21.09.2023 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 upon deposit the same in Fixed Deposit.
6. In view of the above and in view of the settlement arrived at
between the parties in the spirit of Lok Adalat, the present 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 199-sumer/-
(Uploaded on 12/01/2026 at 12:06:55 PM)
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