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2026 DAILYLAW 7748 (RAJ)

HANUMAN SAHAI BUNKAR S/O RAM SAHAI, v. POORAN MAL S/O KALU RAM

CMA/539/2021 · 2026-05-13

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:20207] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 539/2021 Hanuman Sahai Bunkar S/o Ram Sahai, Aged About 48 Years, R/o Chak Manoharpur, P.S. Chandwaji, Post Devka Harmada, Amer District Jaipur. ----Appellant/Claimant Versus 1. Pooran Mal S/o Kalu Ram, R/o Dagdon Ki Purani Dhani, Rundal, P.S. Chandwaji, Jaipur. (Owner And Driver Vehicle No. RJ-32-GA-0200) 2. Chola Mandalam General Insurance Company Ltd., through Manager, 2Nd Floor, ARG Building, Chitranjan Marg, C-Scheme, Jaipur (Insurer of Vehicle No. RJ-32-GA- 0200, Insurance Validity 21.12.2016 Till 20.12.2017) Accident Dated 24.06.2017 ----Respondents For Appellant(s) : Mr. Ram Sharan Sharma, Adv. for Mr. Ram Singh Rathore, Adv. For Respondent(s) : Mr. Virendra Agrawal, Adv. with Mr. Prijwal Kumar, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 13/05/2026 1. The present civil miscellaneous appeal has been filed by the claimant-appellant against the impugned judgment and award dated 27.10.2020 passed by learned Motor Accident Claims Tribunal & Additional District & Sessions Judge No.04, Jaipur District, Jaipur (hereinafter referred to as the learned ‘Tribunal’) in MAC No.133/2018, whereby, the claim petition has been partly allowed and an award of Rs.1,92,355/- along with the interest @ [2026:RJ-JP:20207] (2 of 3) [CMA-539/2021] 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 submit that during the pendency of this appeal, the parties have amicably settled the dispute between them by way of compromise and memo of compromise dated 11.05.2026 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:- “The humble claimant-appellant 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.1,00,000/- (Rs. One Lac only) in all by paid through Saving Banck Account meaning thereby the Insurance Company would make the payment of Rs.1,00,000/- (Rs. One Lac 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 prays that the present appeal be disposed of, in the light of the memo of compromise dated 11.05.2026. 4. In view of the memo of compromise dated 11.05.2026, the present appeal stands disposed of. The impugned judgment and award dated 27.10.2020 passed by learned Motor Accident Claims Tribunal & Additional District & Sessions Judge No.04, Jaipur District, Jaipur in MAC No.133/2018 is modified accordingly. It is made clear that if the respondent No.2-Insurance Company fails [2026:RJ-JP:20207] (3 of 3) [CMA-539/2021] to make the payment of Rs.1,00,000/- 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 11.05.2026 shall be treated as an integral part of this order. 6. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J Mohita /103