CMA/3719/2023 of SANJU BAI W/O LATE BALKISHAN Vs CHOLA MANDAL MS GENERAL INSURANCE COMPANY LIMITED
[2026:RJ-JP:16931]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3719/2023
1. Sanju Bai W/o Late Balkishan, aged about 37 Years,
2. Rohit S/o Late Balkishan, aged about 17 Years, minor
through Natural Guardian / Mother Sanju Bai,
3. Aaryan S/o Late Balkishan, aged about 13 Years, minor
through Natural Guardian / Mother Sanju Bai,
4. Kailash Bai W/o Chhitar Lal, aged about 72 Years,
All R/o Village Pandooda, Tehsil Anta, Distt. Baran
(Raj.)
----Appellants
Versus
1. Chola Mandal Ms General Insurance Company Limited,
Regional Management Office, Jaipur (Insurer Trolla No.
RJ-09-GD-8605) Complete Add. Unit No. 704-707, 7 th
Floor, Signature Tower, DC-2, Lalkothi Scheme District
Shopping Center, Tonk Road, Jaipur 302015
2. Rajmal Prajapat S/o Modiram Prajapat, R/o Paarsoli,
Tehsil Baingu, Distt. Chittorgarh (Driver Trolla No. RJ-09-
GD-8605)
3. Ramesh Gujar S/o Baalu Lal Gujar, R/o Bagpaachhali
Khedi, Dist. Chittorgarh (Regd. Owner Trolla No. RJ-09-
GD-8605)
----Respondents
For Appellant(s) : Mr. Ram Singh Rathore
For Respondent(s) : Mr. Santosh Kumar Soni &
Mr. Amit Agarwal for
Mr. Virendra Agarwal
HON'BLE MR. JUSTICE SANDEEP TANEJA
Order
22/04/2026
1. This appeal has been filed under section 173 of Motor
Vehicles Act, 1988 by the appellants-claimants (for short the
‘claimants’) against the judgment and award dated 21.09.2023
[2026:RJ-JP:16931] (2 of 2) [CMA-3719/2023]
passed by the learned Motor Accident Claims Tribunal, No.2, Kota
in M.A.C. Case No. 64/2021 (344/2021), whereby claim petition
filed by the claimants was partly allowed.
2. At the outset, 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 and pray that the present
appeal be disposed of in light of the said compromise.
3. A copy of memo of compromise duly signed by learned counsel for
the claimant and the Insurance Company, has been placed on record on
02.04.2026. 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 humble claimants-appellants and respondent
no.1 have entered into the compromise on the
terms that the insurance company is ready and
willing to make further enhancement of the com -
pensation lump sum amount to the tune of
Rs.2,40,000/- (Rs. Two Lacs Forty Thousand only)
in all be paid through Saving Bank Account mean -
ing thereby the insurance company would make the
payment of Rs.2,40,000/- (Rs. Two Lacs Forty
Thousand only) in addition to the amount already
paid by the insurance company, within two months
from the date of passing the order on the basis of
compromise, failing which it will carry interest @
6% per annum thereafter till actual payment."
4. In view of the above, the present appeal is disposed of in terms of
the compromise arrived at between the parties.
5. All pending applications, if any, stand disposed of.
(SANDEEP TANEJA),J
71/- Dharmendra