Citation : 2026 Latest Caselaw 337 Raj
Judgement Date : 12 January, 2026
[2026:RJ-JD:1513]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 231/2017
Smt. Indu Bala @ Anna D/o Late Shri Tansukh Lal Kothari,
Resident Of Sahada, Police Station Gangapur, District Bilwara
Raj.
----Appellant
Versus
1. I.c.i.c.i. Lombard General Insurance Company Limited
Through Manager, Basant Bihar, Plot No. 9, Gopalpura
Flyover, Tonk Road, Jaipur Raj. Insurance Company
2. Shobha Lal S/o Mangi Lal Jat, Resident Of Kundiya, Tehsil
Railmangra, District Rajsamand Raj. Owner
3. Bheru Lal S/o Ganga Ram Jat, Resident Of Amnoi, Police
Station Rajnagar, District Rajsamand Raj. Driver
4. Raj Kumar S/o Late Tansukh Lal Kothari, Resident Of
Sahada, Police Station Gangapur, District Bhilwara Raj.
Performa Party
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 233/2017
Smt. Indu Bala @ Anna D/o Late Shri Tansukh Lal Kothari,
Resident Of Sahada, Police Station Gangapur, District Bhilwara
Raj.
----Appellant
Versus
1. I.c.i.c.i. Lombard General Insurance Company Limited
Through Manager, Basant Bihar, Plot No. 9, Gopalpura
Flyover, Tonk Road, Jaipur Raj. Insurance Company
2. Shobha Lal S/o Mangi Lal Jat, Resident Of Kundiya, Tehsil
Railmangra, District Rajsamand Raj. Owner
3. Bheru Lal S/o Ganga Ram Jat, Resident Of Amnoi, Police
Station Rajnagar, District Rajsamand Raj. Driver
4. Raj Kumar S/o Late Tansukh Lal Kothari, Resident Of
Sahada, Police Station Gangapur, District Bhilwara Raj.
Performa Party
----Respondents
S.B. Civil Misc. Appeal No. 239/2017
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[2026:RJ-JD:1513] (2 of 3) [CMA-231/2017]
Smt. Sanju Kumar W/o Raj Kumar Kothari, Resident Of Sahada,
Police Station Gangapur, District Bhilwara Raj.
----Appellant
Versus
1. I.c.i.c.i. Lombard General Insurance Company Limited
Through, Basant Bihar, Plot No. 9, Gopalpura Flyover,
Tonk Road, Jaipur Raj. Owner
2. Shobha Lal S/o Mangi Lal Jat, Resident Of Kundiya, Tehsil
Railmangra, District Rajsamand Raj. Owner
3. Bheru Lal S/o Ganga Ram Jat, Resident Of Amnoi, Police
Station Rajnagar, District Rajsamand Raj.
4. Raj Kumar S/o Late Tansukh Lal Kothari, Resident Of
Sahada, Police Station Gangapur, District Bhilwara Raj.
----Respondents
For Appellant(s) : Mr. Sanjay Nahar
For Respondent(s) : Mr. Vinay Kothari
HON'BLE MR. JUSTICE SANJEET PUROHIT
Judgment
12/01/2026
1. The present misc. appeals have been filed by the appellants
against the judgment and award dated 14.10.20216 passed by
Motor Accident Claims Tribunal, Bhilwara in MAC Case Nos.
643/2013, 642/2023 & 686/2013 whereby the learned Tribunal
has awarded a sum of Rs. 2,08,182/-, Rs.,4,56,630/- &
Rs.3,83,050/- along with interest @ 6 % per annum.
2. With the active efforts of counsel representing the parties
and the authorities of the Insurance Company, the controversy
involved in these appeals have been settled by mutual
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[2026:RJ-JD:1513] (3 of 3) [CMA-231/2017]
compromise. The Memo of Understanding shall constitute a part of
the award.
3. With the consent of the parties, the impugned award dated
14.10.2016 is further enhanced by Rs. 3,00,000, Rs.3,25,000/- &
Rs.2,50,000/- respectively in favour of the claimants-appellants as
a full and final settlement of the case.
4. The award impugned dated 14.10.2016 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 appeals
are 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 200-202 -Yagya/-
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