Rajasthan High Court – Jaipur
Smt Rihana And Others vs Bharat Singh And Others … on 23 April, 2026
[2026:RJ-JP:17292]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1309/2012
1. Smt Rihana w/o Marhoom Shaukut Mev, aged about 30 years,
2. Rooksar d/o Marohoom Shaukut, aged about 12 years, minor
through Guardian mother Smt.Rihana
3. Mumtaj D/o Marhoom Shaukut, aged about 10 years, minor
through Guardian Mother Smt. Rihana
4. Sania D/o Marhoom Shaukut, aged about 8 years,
5. Sharifan w/o late Laad Khan aged about 62 years,
All r/o Gram Nangla, Tehsil Kathumar, District Alwar.
---Claimants-Appellant
Versus
1. Bharat Singh s/o Sukhchand Gurjar Profession Teacher r/o Gram
Methla, P.S. Thesil Kathumar, District Alwar.
[Drive Vehicle Motocycle No.RJ-02-SD-7276]
2. Prem Singh son of Shri Mahendra Singh r/o Modubadka, P.S.
Kathumar, District Alwar
[Owner Vehicle Motocycle No.RJ-02-SD-7276]
3. United India Insurance Company Limited, Area Office, Alwar,
[Insurance Company Vehicle Motorcycle Motorcycle No.RJ-02-SD-7276
Insurance Cover Note No.836979]
---Non-Claimants-Respondents
For Appellant(s) : Mr. Hanish Khan
For Respondent(s) : Ms. Manju Jain through VC
HON'BLE MR. JUSTICE SANDEEP TANEJA
Judgment
23/04/2026
1. Heard learned counsel for the parties on the application filed
under Section 5 of the Limitation Act, for condonation of delay in filing
the present appeal.
2. Learned counsel for the parties jointly submit that during the
pendency of this appeal, the parties have resolved their dispute
amicably by way of a compromise.
3. In view of the fact that parties have entered into a compromise
and learned counsel for the Insurance Company has no objection in
allowing the present application for condonation of delay, the application
is allowed and delay in filing the appeal is condoned.
4. With the consent of learned counsel for the parties, the matter is
heard finally.
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[2026:RJ-JP:17292] (2 of 2) [CMA-1309/2012]
5. Learned counsel for the parties jointly pray that the present
appeal be disposed of in light of the compromise so arrived at between
the parties.
6. A copy of memo of compromise duly signed by learned counsel for
the claimants and the Insurance Company, has been placed on record.
On a specific query by this Court, learned counsel for the parties submit
that they are duly authorized by their respective parties to execute the
memo of compromise, which reads as under:-
“The parties to this litigation i.e. Appellant- Claimants and
Respondent-No.3, United India Insurance Company
Limited have entered into compromise on the following
terms:-
1. An additional lump-sum amount of Rs.6,50,000/-
Six lakh Fifty only (including interest) shall be paid to the
claimant by insurance company by depositing the same
before tribunal concerns within 6 weeks from today i.e.
from date of compromise order in full and final settlement
of appeal with claimants. The said enhancement amount
shall be disbursed to the claimants through saving bank
account.
2. In case, the insurance company fails to deposit the
said amount within 6 weeks from today ie. from the date
of compromise order, claimants shall be entitled for
interest at 6% PA from date of compromise order, till
payment is made.
3. The appeal is agreed to be disposed of in terms of
this compromise.”
7. In view of the above, the present appeal, filed against the
judgment and award dated 23.04.2009 passed by Motor Accident Claim
Tribunal, Alwar (Raj.) in Claim Petition No.315/2007, is disposed of in
terms of the compromise arrived at between the parties.
8. All pending applications, if any, also stand disposed of.
(SANDEEP TANEJA),J
TN/34
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