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Rajasthan High Court - Jodhpur
Dinesh vs Jaikishan (2026:Rj-Jd:1515) on 12 January, 2026
[2026:RJ-JD:1515]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2532/2018
Dinesh S/o Banshi Lal Meena, Aged About 33 Years, R/o Badla,
District Udaipur.
----Appellant
Versus
1. Jaikishan S/o Haridev Tejawat Meena, R/o Nal Fala
Balicha, Police Station Pahada, District Udaipur. (Driver)
2. Hanja Ram S/o Havji Damor, R/o Badla, Kherwada,
District Udaipur. (Owner)
3. Icici Lombard General Company Limited, Through
Manager, Branch Office Panchwati, Near Royal Motors,
Udaipur. (Insurer)
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 2543/2018
1. Dinesh S/o Bansi Lal Meena, Aged About 33 Years, Badla,
District Udaipur.
2. Mahaveer S/o Dinesh Meena, Aged About 12 Years,
Badla, District Udaipur.
3. Sushri Raya D/o Dinesh Meena, Aged About 10 Years,
Badla, District Udaipur.
4. Kuldeep D/o Dinesh Meena, Aged About 6 Years, Badla,
District Udaipur. (Appellant No. 2 To 4 Are Minor, Through
Natural Guardian Father, Appellant No. 1 Dinesh Meena)
----Appellants
Versus
1. Jaikishan S/o Hardev Tejawat Meena, Nal Fala Balicha,
Police Station Pahada, District Udaipur. (Driver)
2. Hanja Ram S/o Havji Damor, Badla, Kherwada, District
Udaipur. . (Owner)
3. Icici Lombard General Insurance Company Limited,
Through Manager, Branch Office Panchwati, Near Royal
Motors, Udaipur. (Insurer)
----Respondents
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[2026:RJ-JD:1515] (2 of 3) [CMA-2532/2018]
For Appellant(s) : Mr. G.S. Rathore
For Respondent(s) : Mr. Vinay Kothari
HON'BLE MR. JUSTICE SANJEET PUROHIT
Judgment
12/01/2026
1. The present appeals have been preferred against the
judgment and award dated 25.05.2018 passed by Motor Accident
Claims Tribunal No.2, Udaipur in Claim Case No. 328/2018 &
329/2018 whereby an amount of Rs.4,70,000/- & Rs.8,86,000/-
with interest @ 6 % per annum was awarded in 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
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[2026:RJ-JD:1515] (3 of 3) [CMA-2532/2018]
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.5,00,000/- & Rs. 9,00,000/- 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
amount of Rs.5,00,000/- & Rs. 9,00,000/- 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
203-204/ Yagya/-
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