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Rajasthan High Court - Jodhpur
Smt. Anachi Devi vs Santosh Kumar (2026:Rj-Jd:1851) on 13 January, 2026
[2026:RJ-JD:1851]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1874/2019
1. Smt. Anachi Devi W/o Khartaram, Aged About 42 Years,
B/c Jat, R/o Isharnada, Tehsil Khimvsar, District Nagaur,
Current Resident - Abu Road.
2. Mahendra S/o Khartaram, Aged About 22 Years, B/c Jat,
R/o Isharnada, Tehsil Khimvsar, District Nagaur, Current
Resident - Abu Road.
3. Rakesh S/o Khartaram, Aged About 17 Years, Minor
Through Natural Mother Who Is Also Appellant No. 1
Anchi Devi Widow Of Khartaram. B/c Jat, R/o Isharnada,
Tehsil Khimvsar, District Nagaur, Current Resident - Abu
Road.
4. Bhanwarlal S/o Khartaram, Aged About 11 Years, Minor
Through Natural Mother Who Is Also Appellant No. 1
Anchi Devi Widow Of Khartaram. B/c Jat, R/o Isharnada,
Tehsil Khimvsar, District Nagaur, Current Resident - Abu
Road.
5. Naini W/o Kehraram, Aged About 79 Years, B/c Jat, R/o
Isharnada, Tehsil Khimvsar, District Nagaur, Current
Resident - Abu Road.
6. Kehraram S/o Sawalram, Aged About 83 Years, B/c Jat,
R/o Isharnada, Tehsil Khimvsar, District Nagaur, Current
Resident - Abu Road.
----Appellants
Versus
1. Santosh Kumar S/o Babulal, Aged About 34 Years, R/o
Oduka, Tehsil Chidawa, District Jhunjhunu. (Raj.) (Driver
Of The Vehicle Rj 18-Pb-0311)
2. Mishri Devi W/o Indraraj Singh, Aged About 69 Years, B/c
Jat, R/o Dhatarwado Ka Vas Ojtu, Tehsil Chidava, District
Jhunjhunu. (Raj.) (Registerd Owner Of The Vehicle Rj 18-
Pb-0311)
3. Chola Mandalam Ms General Insurance Company Limited,
Der House Second Floor, Number 2 Netaji Subhash
Chandra Bose Road Chennai. (Insurance Company)
----Respondents
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[2026:RJ-JD:1851] (2 of 3) [CMA-1874/2019]
For Appellant(s) : Mr. Ravi Panwar
For Respondent(s) : Mr. Aditya Singhi
HON'BLE MR. JUSTICE SANJEET PUROHIT
Judgment
13/01/2026
1. The present misc. appeal has been filed by the appellant
against the judgment and award dated 10.04.2019 passed by
Motor Accident Claims Tribunal ADJ First, Abu Road in MAC Case
No. 291/2016 whereby the learned Tribunal has awarded a sum of
Rs. 39,67,700/- 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 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
10.04.2019 is further enhanced by Rs. 2,55,000/- in favour of the
claimants-appellants as a full and final settlement of the case.
4. The award impugned dated 10.04.2019 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
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[2026:RJ-JD:1851] (3 of 3) [CMA-1874/2019]
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
194-Yagya/-
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