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2026 DAILYLAW 15087 (RAJ)

GOVIND S/O GOPAL LAL v. HDFC ARGO GENERAL INSURANCE COMPANY LIMITED

CMA/435/2024 · 2026-01-13

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:1281] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 435/2024 Govind S/o Gopal Lal, Aged About 41 Years, R/o Luharpura, Tehsil Nainwa, Distt. Bundi (Raj.). ----Appellant/Claimant Versus 1. Hdfc Argo General Insurance Company Limited, Jhalawar Road, Kota. (Insurance Co. Tractor No. Rj-08-Rb-8560). 2. Ramgopal S/o Raghunath, R/o Village Bagali, Thana Gendoli, Distt. Bundi.(Raj.) (Driver Tractor No. Rj-08-Rb- 8560). 3. Shivprakash S/o Ramgopal, R/o Village Bagali, Thana Gendoli, Distt. Bundi(Raj.) (Owner Tractor No. Rj-08-Rb- 8560). ----Respondents For Appellant(s) : Mr. Ram Singh Rathore, Adv. For Respondent(s) : Mr. Virendra Agrawal, Adv. with Mr. Prijwal Kumar, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 13/01/2026 1. The present civil miscellaneous appeal has been filed by the claimant-appellant against the judgment and award dated 30.11.2023 passed by learned Motor Accident Claims Tribunal No.2, Bundi (Raj.) (hereinafter referred to as the learned ‘Tribunal’) in MAC No.146/2021, whereby, the claim petition has been partly allowed and an award of Rs.2,20,104/- along with the interest @ 7.5% per annum has been passed in favour of the claimant-appellant. [2026:RJ-JP:1281] (2 of 3) [CMA-435/2024] 2. At the very outset, learned counsel for the claimant-appellant and the respondent No.1-Insurance Company submit that during pendency of this appeal, the parties have amicably settled the dispute between them by way of compromise and a copy of memo of compromise dated 08.01.2026 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced 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 compensation lump sum amount to the tune of Rs.2,25,000/- (Rs. Two Lacs Twenty Five Thousand only) in all, meaning thereby the insurance company would make the payment of Rs.2,25,000/- (Rs. Two Lacs Twenty Five Thousand only) in addition to the amount already paid by the insurance company through saving bank account, 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.” 3. Learned counsel for the claimant-appellant and the respondent No.1-Insurance Company pray that the present appeal be disposed of, in the light of the memo of compromise dated 08.01.2026. 4. In view of the memo of compromise dated 08.01.2026, the present appeal stands disposed of. The impugned judgment and award dated 30.11.2023 passed by learned Motor Accident Claims Tribunal No.2, Bundi (Raj.) in MAC No.146/2021 is modified [2026:RJ-JP:1281] (3 of 3) [CMA-435/2024] accordingly. It is made clear that if the respondent No.1-Insurance Company fails to make the payment of Rs.2,25,000/- to the claimant-appellant within a period of two months from the date of receipt of certified copy of this order, the claimant-appellant shall be entitled to get the interest @ 6% per annum on the aforesaid amount. 5. The terms of memo of compromise dated 08.01.2026 shall be treated as an integral part of this order. 6. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J Mohita /84