Mogi vs Kantilal (2026:Rj-Jd:1861)
2026 Latest Caselaw 413 Raj

Rajasthan High Court - Jodhpur

Mogi vs Kantilal (2026:Rj-Jd:1861) on 13 January, 2026

[2026:RJ-JD:1861]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 274/2021

1.       Mogi W/o Dalpat, Aged About 64 Years, Chokala, Tehsil
         Bagidora, Dis. Banswara
2.       Manoj S/o Dalpat, Aged About 40 Years, Chokala, Tehsil
         Bagidora, Dis. Banswara
3.       Ashok W/o Dalpat, Aged About 44 Years, Chokala, Tehsil
         Bagidora, Dis. Banswara
                                                                      ----Appellants
                                       Versus
1.       Kantilal S/o Kamji, Jalda, Tehsil Bagidora, Dis. Banswara
2.       Chola Mandal Ms General Insurance Company Ltd, Branch
         Office, 1 Navkar Complex, Bhopalapura, Main Road,
         Udaipur, 3130019
3.       Babulal S/o Kalu Dodeyar, Zolawat, Tehsil Bagidora, Dis.
         Banswara
                                                                    ----Respondents


For Appellant(s)             :     Mr. Parikshit Nayak
For Respondent(s)            :     Mr. Aditya Singhi



            HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

13/01/2026

1. The present misc. appeal has been filed by the appellant

against the judgment and award dated 08.02.2021 passed by

Motor Accident Claims Tribunal, Banswara in MAC Case No.

35/2019, old Case No. 333/2016) whereby the learned Tribunal

has awarded a sum of Rs. 3,06,245/- 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

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[2026:RJ-JD:1861] (2 of 2) [CMA-274/2021]

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

08.02.2021 is further enhanced by Rs. 1,50,000/- in favour of the

claimants-appellants as a full and final settlement of the case.

4. The award impugned dated 08.02.2021 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 198-yagya/-

(Uploaded on 14/01/2026 at 03:34:57 PM)

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