Mahaveer Chand vs Ku.Rashmi And Ors. (2026:Rj-Jd:13953)
2026 Latest Caselaw 4495 Raj

Rajasthan High Court - Jodhpur

Mahaveer Chand vs Ku.Rashmi And Ors. (2026:Rj-Jd:13953) on 24 March, 2026

[2026:RJ-JD:13953]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Civil Misc. Appeal No. 2474/2011

Mahaveer Chand Jain S/o Shri Ratan Lal Jain, R/o Suraj Bhawan
Behind Public Park, Near Rawat Hotel, Jodhpur (Owner Indica
Car)
                                                                   ----Appellant
                                    Versus
1. Kumari Rashmi D/o Late Shri Gautam Surana, Aged About 3
Years,
2. Smt. Kamala W/o Shri Nemi Chand, Aged About 59 Years,
3. Nemi Chand S/o Shri Bakhtawar Mal, Aged About 62 Years,
Appellant No.1 minor through her natural guardian mother Smt.
Kamala W/o Shri Nemi Chand,
   All are R/o Dhara Ka Bas, Near Jain School, Mahamandir,
Jodhpur. (claimants)
4. Shri Prahlad Bhogate S/o Shri Mahadev Bhogate, R/o 8/1/A,
Narkeldanga Main Road, Koltaka, West Bengal (Driver of Truck)
5. Shri Ramesh Singh Bakshi S/o Shri K. Singh Bakshi, R/o
Kumar Road Lines, Chokara Nala, Raipur, Chhatisgarh (owner of
Truck)
6. The New India Assurance Company Ltd. Divisional Office-I,
Abhay Chambers, Jalori Gate, Jodhpur. (Insurer of Truck)
7. Shri Murli Manohar Gehlot S/o Shri Vallabh Gehlot, R/o Shri
Narayan Ji Ka Temple, Hati Ram Ka Odha, Jodhpur (Driver Indica
Car)
8. ICICI Lombard General Insurance Company Ltd. Registered
Office at ICICI Bank Towers, Bandra Kurla, Complex, Bandra
(East) Mumbai, Maharastra (Insurer Indica Car)
                                                                 ----Respondent


For Appellant(s)          :     Mr. Dron Kaushik
For Respondent(s)         :     Mr. S.K. Sankhla for claimant
                                Mr. Jagdish Chandra Vyas for
                                respondent No.8



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

24/03/2026

The instant appeal has been filed by the owner of the Indica

Car against the judgment and award dated 18.12.2008 passed by

learned Judge, Motor Accident Claims Tribunal (First), Jodhpur in

(Uploaded on 27/03/2026 at 10:42:43 AM)

[2026:RJ-JD:13953] (2 of 3) [CMA-2474/2011]

MAC Case No.328/2005, whereby the learned Tribunal has

awarded a sum of Rs.4,38,000/- in favour of the claimants and it

was directed that the insurance company shall pay the amount

and recover the same from the owner of the vehicle.

Learned counsel for the parties submit that they have

entered into a memorandum of understanding and with the

consent of parties, it is agreed that the present appeal shall be

disposed of on the condition that the insurance company shall not

recover any amount from the appellant pursuant to the impugned

award and the insurance company shall withdraw the execution

proceedings, if not already withdrawn.

In view of the memorandum of settlement as jointly filed by

both the parties, in the spirit of Lok Adalat, the present appeal be

disposed of.

In view of above, the appeal is partly allowed and the

impugned order is modified to the extent that the insurance

company shall not recover any amount from the appellant (owner

of Indica Car) pursuant to the impugned award. the insurance

company shall withdraw the execution proceedings, if not already

withdrawn.

It is further directed that the amount deposited in pursuance

to proviso under Section 173(1) of MV Act be returned back to the

appellant, if not already withdrawn by the insurance company/

claimant, on filing appropriate application.

The appeal stands disposed of in above terms. The

memorandum of understanding is taken on record.

(Uploaded on 27/03/2026 at 10:42:43 AM)

[2026:RJ-JD:13953] (3 of 3) [CMA-2474/2011]

Stay petition and all pending applications, if any, also stand

disposed of.

(MUKESH RAJPUROHIT),J 235-Ramesh/-

(Uploaded on 27/03/2026 at 10:42:43 AM)

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