Niharika v. Dr. Alok Mehra

Niharika D/o Late Shri Suresh Kumar Pareek, By Caste Brahmin Appellant No. 2 Being Minor Represente, R/o Village Thikariya, Tehsil - Uniyara, District Tonk Raj. ----Appellants Versus

1. Dr. Alok Mehra S/o Prem Narayan Mehra, R/o 567, Uday Path, Vivek Vihar, New Sanganer Road, Jaipur

2. H.d.f.c. Ergo General Insurance Co. Ltd. Through Branch Manager, Branch Office C-98, Upasana Tower, Subhash Marg, C-Scheme, Jaipur Raj. ----Respondents For Appellant(s) : Mr. Anirudh Gupta for Mr. Deepak Khandelwal For Respondent(s) : Mr. Virendra Agrawal HON'BLE MR. JUSTICE SANDEEP TANEJA Order 02/04/2026

This appeal has been filed under section 173 of Motor Vehicles Act, 1988 by the appellants-claimants (hereinafter referred to as ‘claimants’) against the judgment and award dated

15.05.2014 passed by the learned Motor Accident Claims Tribunal, Judge, Tonk in Motor Accident Claim Case No.487/2012, whereby the claim petition filed by the claimants was partly allowed by awarding total compensation of Rs.6,35,732/- along with interest @ 7% per annum in favour of the claimants.

At the outset, learned counsel for the claimants and the respondent No.2- Insurance Company jointly submit that during [2026:RJ-JP:13889] (2 of 3) [CMA-1601/2015] the pendency of this appeal, the parties have resolved their dispute amicably and accordingly a settlement has been arrived at between them by way of a compromise.

A copy of memo of compromise duly signed by the learned counsel for both the parties has been placed on record on

27.11.2025. On a specific query by this Court, learned counsel for both the parties submit that they are duly authorized by their respective parties to execute the memo of compromise, which reads as under:- claimants-appellants "The humble no.2 have entered into the respondent compromise on the terms that the insurance company is ready and willing to make further enhancement of the compensation amount to the tune of Rs.3,50,000/- (Rs. Three Lac Fifty Thousand Only) in all which includes interest parts as well, meaning thereby the insurance company would make the payment of Rs.3,50,000/- (Rs.Three Lac Fifty 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. "

Learned counsel for both the parties jointly pray that the present appeal be disposed of in light of the compromise arrived at between the parties.

Considering the submission of learned counsel for both the parties and memo of compromise, it is directed that Insurance Company shall pay a sum of Rs.3,50,000/- in all, to the claimants, in addition to the amount already awarded by the learned Tribunal within a period of two months.

Accordingly, the impugned judgment and award dated

15.05.2014 is modified. The terms of memo of compromise shall be treated as an integral part of this order. [2026:RJ-JP:13889] (3 of 3) [CMA-1601/2015]