Citation : 2026 Latest Caselaw 429 Raj
Judgement Date : 13 January, 2026
[2026:RJ-JD:1863]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2008/2019
1. Smt. Dakhu Devi W/o Hanuman Ram @ Hadman Ram,
Aged About 27 Years, R/o Gawariyon Ka Bas, Shergarh,
Tehsil Shergarh, District Jodhpur.
2. Mamta D/o Hanuman Ram @ Hadman Ram, Aged About
10 Years, Minor Through Natural Guardian Mother Smt.
Dakhu Devi W/o Hanuman Ram @ Hadman Ram. R/o
Gawariyon Ka Bas, Shergarh, Tehsil Shergarh, District
Jodhpur.
3. Ranjeet S/o Hanuman Ram @ Hadman Ram, Aged About
9 Years, Minor Through Natural Guardian Mother Smt.
Dakhu Devi W/o Hanuman Ram @ Hadman Ram. R/o
Gawariyon Ka Bas, Shergarh, Tehsil Shergarh, District
Jodhpur.
4. Kavita D/o Hanuman Ram @ Hadman Ram, Aged About 7
Years, Minor Through Natural Guardian Mother Smt.
Dakhu Devi W/o Hanuman Ram @ Hadman Ram. R/o
Gawariyon Ka Bas, Shergarh, Tehsil Shergarh, District
Jodhpur.
5. Smt. Meera Devi W/o Idan Ram, Aged About 48 Years, R/
o Gawariyon Ka Bas, Shergarh, Tehsil Shergarh, District
Jodhpur.
6. Idan Ram S/o Moti Ram, Aged About 53 Years, R/o
Gawariyon Ka Bas, Shergarh, Tehsil Shergarh, District
Jodhpur.
----Appellants
Versus
1. Dhanne Singh S/o Jeevraj Singh, R/o Village Motawata,
Post Khari, Tehsil Shree Kolayat, District Bikaner. (Driver)
2. Ghewar Lal S/o Kishori Lal, Jat, R/o Gangapur, Tehsil
Shree Kolayat District Bikaner. (Owner)
3. Cholamandalam General Insurance Company Limited,
Second Floor Dare House, 2 Nsc Bose Road, Chennai
600001 (Insurer)
----Respondents
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[2026:RJ-JD:1863] (2 of 3) [CMA-2008/2019]
For Appellant(s) : Mr. Gaju Singh Rathore
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 15.03.2019 passed by
Motor Accident Claims Tribunal, District Jodhpur in MAC Case No.
18/2017 whereby the learned Tribunal has awarded a sum of Rs.
12,33,632/- 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
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
15.03.2019 is further enhanced by Rs. 5,00,000/- in favour of the
claimants-appellants as a full and final settlement of the case.
4. The award impugned dated 15.03.2019 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:1863] (3 of 3) [CMA-2008/2019]
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 196-Yagya/-
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