Disposed

Bamdev Pradhan S/O Jaldhar Pradhan (Father of Deceased) v. Sahun S/O Islam

Rajasthan HC3 Jul 2026CMA/2089/2022

Case brief

AI extract

What is this about?

Cross appeals by claimants for enhancement and by the insurer against a motor accident award of Rs.33,42,460 with 7.5% interest were settled amicably. Claimants' appeal was withdrawn; the insurer's appeal was disposed per compromise memo dated 12.05.2026, reducing the award by Rs.1,00,000 and modifying the impugned award accordingly.

What did the court decide?

Appeal No.2089/2022 dismissed as withdrawn; appeal No.1120/2022 disposed per compromise; award modified by reduction of Rs.1,00,000; interest at 7.5% if payment delayed beyond two months.

Bamdev Pradhan S/O Jaldhar Pradhan (Father of… — Motor Accident Claims | Rajasthan HC (2026)

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[2026:RJ-JP:24769]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 2089/2022

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URN: CMA / 3490U / 2022

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Bamdev Pradhan S/o Jaldhar Pradhan Aged About 55 Years, (Father Of Deceased),

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Smt. Tilottama Pradhan W/o Bamdev Pradhan Aged About 55 Years, (Mother Of Deceased), Both R/o Ward No 15, Sector 6/82, Group Housing UIT, Bhiwadi, Thana Bhiwadi Phase-3, Tehsil Tijara, Distt. Alwar. (Raj.) Presently 200 Feet Road, Dayanand Nagar, Alwar (Raj.).

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----Appellants-Claimants

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Versus

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Sahun S/o Islam, R/o Village Nanagtedi, Tehsil Tijara, Distt. Alwar (Rajasthan). (Driver Tata 407 No. RJ-02-GA6727).

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Abdul S/o Shakoor, R/o 72, Surajmal Ki Dhani, Nanagtedi, Tehsil Tijara, Distt. Alwar (Rajasthan) (Owner Tata 407 No. RJ-02-GA-6727).

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Reliance General Insurance Company Limited, Through Branch Manager, Office First Floor, Jain Eye Centre, Basant Vihar, Scheme No. 3, Alwar (Rajasthan). (Ins.co.tata 407 No. RJ-02-GA-6727).

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----Respondents-Non-claimants

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Connected With

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S.B. Civil Miscellaneous Appeal No. 1120/2022

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URN: CMA / 1895U / 2022

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Reliance General Insurance Company Limited, Having Its Registered Office At 19, Reliance Center, Walchand Hirachand Marg, Balllard Estate, Mumbai-400001 And Having Its Office At 1st Floor, Jain Eye Center, Basant Vihar, Scheme No. 3 Alwar And Having Its Regional Office At C-Scheme, Man Upasana Tower, 6th Floor, Sardar Patel Marg, Opposite To HSBC Bank, Jaipur 3020001 Jaipur Through Its Constituent Attorney,

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----Non-claimant/Appellant

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Versus

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Bamdev Pradhan S/o Jaldhar Pradhan, Aged About 55 Years, (Father Of Deceased),

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(2 of 4) [CMA-2089/2022]

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[2026:RJ-JP:24769]

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Smt. Tilottama Pradhan W/o Bamdev Pradhan, Aged About 55 Years, (Mother Of Deceased), Both R/o Ward No. 15, Sector 6/82, Group Housing U.I.T. Bhiwadi, P.S. Bhiwadi, Phase-III, Tehsil Tijara, District Alwar (Raj.) Presently Resident Of 200 Feet Road, Dayanand Nagar, Alwar (Raj.).

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----Claimants/Respondents

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Sahun S/o Islam, R/o Village Nanagtedi, Tehsil Tijara, District Alwar, (Raj.) (Driver Vehicle Tata 407 Registration No. RJ-02-GA-6727).

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Abdul S/o Shakur, R/o 72, Surajmal Ki Dhanni, Nanagtedi, Tehsil- Tijara, District-Alwar, (Raj.) (Owner Vehicle Tata 407 Registration No. RJ-02-GA-6727).

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----Non-claimants/Respondents

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For Appellant/	: Mr. Ram Sharan Sharma
Respondent-
Claimants
For Respondent/	: Mr. Chanderdeep Singh Jodha
Appellant-Insurance
Company

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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03/07/2026

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Both these appeals have been filed against the judgment and award dated award dated 23.03.2022 passed by learned Motor Accident Claims Tribunal, Alwar (hereinafter referred to as learned 'Tribunal') in Claim Case No.597/2016 (713/2016), whereby, the claim petition filed by the claimants has been partly allowed and an award of Rs.33,42,460/- along with the interest @ 7.5% per annum has been passed in their favour.

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The claimants have filed S.B. Civil Miscellaneous Appeal No.2089/2022 for enhancement of the impugned award; whereas,

[CMA-2089/2022]

[2026:RJ-JP:24769]

(3 of 4)

Insurance Company has filed S.B. Civil Miscellaneous Appeal No.1120/2022 for quashing and setting aside the impugned judgment and award.

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At the very outset, learned counsel for the claimants and the Insurance Company submit that during the pendency of these appeals, the parties have amicably settled their dispute by way of compromise and memo of compromise dated 12.05.2026, duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:-

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"The parties to this litigation i.e. Appellant-,Reliance General Insurance Company and Respondent/Claimant No.1 and 2 has entered into compromise on the following terms:-

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A lump-sum amount of Rs.1,00,000/- One Lakh (without any interest) shall be reduced from the total awarded amount i.e. inclusive of interest and the same be returned (Rs.1,00,00/- One Lakh be returned) to the insurance company from the awarded amount already deposited before the learned Tribunal. Rest amount be disbursed to the claimants through their saving bank account.

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The appeal is agreed to be disposed of in terms of this compromise."

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In view of the aforesaid compromise, learned counsel appearing on behalf of the claimants wants to withdraw S.B. Civil Miscellaneous Appeal No.2089/2022; whereas, learned counsel for the claimants as well as Insurance Company jointly pray that S.B. Civil Miscellaneous Appeal No.1120/2022 may be disposed of, in the light of the memo of compromise dated 12.05.2026.

(4 of 4)

[2026:RJ-JP:24769]

[CMA-2089/2022]

In view of the prayer made on behalf of learned counsel appearing on behalf of the claimants, S.B. Civil Miscellaneous Appeal No.2089/2022 is dismissed as withdrawn.

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So far as S.B. Civil Miscellaneous Appeal No.1120/2022 is concerned, the same is disposed of in view of the memo of compromise dated 12.05.2026. The impugned judgment and award dated 23.03.2022 passed by learned Motor Accident Claims Tribunal, Alwar in Claim Case No.597/2016 (713/2016) is modified accordingly. It is made clear that if the Insurance Company fails to make the payment as per the terms of memo of compromise dated 12.05.2026, in favour of the claimants within a period of two months from the date of receipt of certified copy of this order, the claimants shall be entitled to get the interest @ 7.5% per annum on the aforesaid amount.

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The terms of memo of compromise dated 12.05.2026 shall be treated as an integral part of this order.

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Any pending applications also stand disposed of.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /1&2C.

Bamdev Pradhan S/O Jaldhar Pradhan (Father of Deceased) v. Sahun S/O Islam

Case brief

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Bamdev Pradhan S/O Jaldhar Pradhan (Father of Deceased) v. Sahun S/O Islam

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