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2026 DAILYLAW 17709 (RAJ)

BRAJMOHAN S/O KISHAN LAL v. GHANSHYAM S/O RAMDAS BERAGI

CMA/2487/2020 · 2026-01-09

Ashutosh Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:770] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2487/2020 Brajmohan S/o Kishan Lal, Age 32 Years, R/o Regro Ka Mohalla Lakheri, Tehsil Indragadh, District Bundi. ----Claimant/Appellant Versus 1. Ghanshyam S/o Ramdas Beragi, R/o Kankra Dungar Post Uthrna Lakheri, Tehsil Indragadh, District Bundi. ----(Driver & Owner of Tractor No. RJ-08-RB-1648) 2. HDFC Ergo General Insurance Co. Ltd., through its Regional Manager, Regional Office at C-98 Upasna Tower, Subhash Marg, C-Scheme, Jaipur. ----Non-claimant/Respondent For Appellant : Mr. Sunil Jain, Adv. For Respondent : Mr. Virendra Agarwal, Adv. with Ms. Anjali Assat, Adv. (for respondent-Insurance Company) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 09/01/2026 1. The present civil miscellaneous appeal has been filed by the claimant-appellant against the judgment and award dated 06.02.2020 passed by learned Motor Accident Claims Tribunal No.2, District Bundi (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.546/2016, whereby, the claim petition has been partly allowed and an award of Rs.5,29,284/- along with the interest @ 6% per annum has been passed in favour of the claimant-appellant. 2. At the very outset, learned counsel for the claimant-appellant and the respondent No.2-Insurance Company [2026:RJ-JP:770] (2 of 3) [CMA-2487/2020] 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 05.01.2026 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.2 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.10,00,000/- (Rs. Ten Lacs only) in all, meaning thereby the insurance company would make the payment of Rs.10,00,000/- (Rs. Ten Lacs 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.” 3. Learned counsel for the claimant-appellant and the respondent No.2-Insurance Company pray that the present appeal be disposed of, in the light of the memo of compromise dated 05.01.2026. 4. In view of the memo of compromise dated 05.01.2026, the present appeal stands disposed of. The impugned judgment and award dated 06.02.2020 passed by learned Motor Accident Claims Tribunal No.2, District Bundi in Claim Case No.546/2016 is modified accordingly. It is made clear that if the respondent No.2- Insurance Company fails to make the payment of Rs.10,00,000/- to the claimant-appellant within a period of two months from the [2026:RJ-JP:770] (3 of 3) [CMA-2487/2020] 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 05.01.2026 shall be treated as an integral part of this order. 6. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /113-S.