Disposed

Shri Vijay Alias Vijay Kumar S/O Late Shri Narayan Sharma (Father of Deceased) v. Hajari Lal Meena S/O Shri Bhairu Ram Meena

Rajasthan HC13 May 2026CMA/4315/2019

Case brief

AI extract

What is this about?

Connected appeals arising from a motor accident compensation award of Rs.15,82,000/- by the MACT, Jaipur. Claimants' enhancement appeal was disposed of in terms of a compromise under which the insurer agreed to pay an additional Rs.80,000/-. The insurer's appeal was permitted to be withdrawn and dismissed as withdrawn.

What did the court decide?

Enhancement appeal disposed in terms of compromise: additional Rs.80,000/- payable within six weeks, else interest @6% p.a.; insurer's appeal dismissed as withdrawn.

Shri Vijay Alias Vijay Kumar S/O Late Shri Narayan… — Motor Accident Claims | Rajasthan HC (2026)

¶1

[2026:RJ-JP:20155]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Miscellaneous Appeal No. 1226/2019

¶4

L & T General Insurance Company Ltd., Through Divisional Manager, Office Sixth Floor, City-2, Plot No. 177, C.S.T. Road Near Bandra Kurla, Telephone Exchange Valina, Santacrooz (East) Mumbai-400098 (Insurer Of Tractor No. RJ-14-RC-5393)

¶5

----Non-Claimant/Appellant

¶6

Versus

¶7

Vijay @ Vijay Kumar S/o Late Shri Narayan Sharma (Father Of Deceased), Aged About 43 Years,

¶8

Smt. Kanta Devi W/o Shri Vijay Kumar @ Vijay Kumar (Mother Of Deceased), Aged About 40 Years, Both R/o Near Durlabhnath Ashram, Bandikui, Tehsil Bandikui, District Jaipur (Raj)

¶9

----Claimants/Respondents

¶10

Hazari Lal Meena S/o Shri Bhairuram Meena, Aged About 38 Years, R/o Rebariyon Ka Mohalla, Vill. Nimbi, Tehsil Jamvaramgarh, District Jaipur, Raj. (Driver Of Tractor No. Rj-14-Rc-5393)

¶11

Shankar Lal S/o Shri Bhairuram, R/o Rebariyon Ka Mohalla, Vill. Nimbi, Tehsil Jamvaramgarh, District Jaipur, Raj. (Registered Owner Of Tractor No. Rj-14-Rc-5393)

¶12

----Non-Claimants/Respondents

¶13

Connected With

¶14

S.B. Civil Miscellaneous Appeal No. 4315/2019

¶15

Shri Vijay Alias Vijay Kumar S/o Late Shri Narayan Sharma (Father Of Deceased), Aged About 43 Years,

¶16

Smt. Kanta Devi W/o Shri Vijay @ Vijay Kumar, aged 40 years (Mother of deceased)

¶17

All R/o Near Durlabhnath Ashram, Bandikui, Tehsil Bandikui, District Dausa (Raj).

¶18

----Appellants/Claimants

¶19

Versus

¶20

Hajari Lal Meena S/o Shri Bhairu Ram Meena, Aged About 38 Years, R/o Rebariyon Ka Mohalla, Vill. Nimbi, Tehsil Jamwaramgarh, District Jaipur, (Raj.) (Driver Tractor No. Rj-14-Rc-5393 Which Engine No. S324D90339 & Chasis No. Mea2Ee61Je2019260)

¶21

Shankar Lal S/o Shri Bhairu Ram Meena, R/o Rebariyon Ka Mohalla, Vill. Nimbi, Tehsil Jamwaramgarh, District Jaipur, (Raj.) (Regd. Owner Tractor No. Rj-14-Rc-5393 Which Engine No. S324D90339 & Chasis No. Mea2Ee61Je2019260).

¶22

L & T Insurance Company Ltd., Through Regional Manager, Office-6Th Manjil, Citi-2, Plot No. 177, CST Road, Near Bandra Kurla Telephone Exchange Valeena, Santacruz (East) Mumbai-400098. Insurance Validity

(2 of 4)

[2026:RJ-JP:20155]

[CMA-1226/2019]

Dated 29.10.2015 To 28.10.2016. (Insurer Tractor No. Rj-14-Rc-5393 Which Engine No. S324D90339 & Chasis No. Mea2Ee61Je2019260).

¶27

----Respondents/Non-Claimants

¶28

For Appellant(s) : Mr. Virendra Agrawal, Adv. with Mr. Prijwal Kumar, Adv. for Insurance Company

¶29

For Respondent(s) : Ms. Jyoti Khanna, Adv. for Mr. Satish Khandal, Adv.

¶30

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

¶31

Order

¶32

13/05/2026

¶33

In S.B. Civil Miscellaneous Appeal No. 4315/2019:-

¶34

The present civil miscellaneous appeal has been filed by the claimants-appellants against the impugned judgment and award dated 04.01.2019 passed by learned Motor Accident Claims Tribunal No.01, Jaipur Metropolitan, Jaipur (hereinafter referred to as the learned ‘Tribunal’) in Claim Case No.141/2016, whereby, the claim petition has been partly allowed and an award of Rs.15,82,000/- along with the interest @ 7% per annum has been passed in favour of the claimants-appellants.

¶35

At the very outset, learned counsel for the claimants-appellants and the respondent No.3-Insurance Company submit that during the 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 11.05.2026 duly signed by learned counsel for both the parties, has been placed on record, which is reproduced as under:-

¶36

“The Insurance Company and Claimant have entered into compromise on the terms mentioned as under:-

[2026:RJ-JP:20155]

[CMA-1226/2019]

(3 of 4)

That the parties have entered into compromise and the Claimant has given his free consent to compromise the matter for further enhancement of the compensation amount to the tune of Rs.80,000/- (Eighty thousand only) in all meaning thereby the Insurance Company would make the payment of Rs.80,000/- (Eighty though only) all, in addition to the amount already awarded by the Learned Tribunal.

¶41

That the amount would be deposited within six weeks from the date of compromise failing which it will carry interest @6% per annum from date of compromise till actual payment.

¶42

That the Appeal deserves to be disposed of in terms of compromise.”

¶43

Learned counsel for the claimants-appellants and the respondent No.3-Insurance Company prays that the present appeal be disposed of, in the light of the memo of compromise dated 11.05.2026.

¶44

In view of the memo of compromise dated 11.05.2026, the present appeal stands disposed of. The impugned judgment and award dated 04.01.2019 passed by learned Motor Accident Claims Tribunal No.01, Jaipur Metropolitan, Jaipur in Claim Case No.141/2016 is modified accordingly. It is made clear that if the respondent No.3-Insurance Company fails to make the payment of Rs.80,000/- to the claimants-appellants within a period of six weeks from the date of receipt of certified copy of this order, the claimants-appellants shall be entitled to get the interest @ 6% per annum on the aforesaid amount.

¶45

The terms of memo of compromise dated 11.05.2026 shall be treated as an integral part of this order.

¶46

Any pending applications also stand disposed of.

(4 of 4)

[2026:RJ-JP:20155]

[CMA-1226/2019]

In S.B. Civil Miscellaneous Appeal No. 1226/2019:-

¶51

Learned counsel for the appellant-Insurance Company submits that against the impugned judgment and award dated 04.01.2019 passed by learned Motor Accident Claims Tribunal No.01, Jaipur Metropolitan, Jaipur (Raj.) in the matter of Shri Vijay Alias Vijay Kumar & Anr. Vs. Hajari Lal Meena & Ors., the claimants-respondents have preferred S.B. Civil Miscellaneous Appeal No. 4315/2019 for enhancement of the awarded compensation amount and the Insurance Company has preferred the present appeal for quashing and setting aside the same impugned judgment and award.

¶52

Learned counsel appearing on behalf of both the parties submits that the parties have settled their dispute amicably out of the Court, therefore, learned counsel appearing on behalf of the appellant-Insurance Company seeks permission to withdraw the present appeal.

¶53

Permission is granted.

¶54

Accordingly, S.B. Civil Miscellaneous Appeal No. 1226/2019 is dismissed as withdrawn on the basis of compromise arrived at between the parties.

¶55

(ASHUTOSH KUMAR),J

¶56

Mohita /99-100

Shri Vijay Alias Vijay Kumar S/O Late Shri Narayan Sharma (Father of Deceased) v. Hajari Lal Meena S/O Shri Bhairu Ram Meena

Case brief

What is this about?

What did the court decide?

Shri Vijay Alias Vijay Kumar S/O Late Shri Narayan Sharma (Father of Deceased) v. Hajari Lal Meena S/O Shri Bhairu Ram Meena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dhapu Bai W/O Dhanraj, Vs Babulal Prajapat S/O Kailash Chand Prajapat

Jagdish Meena S/O Surajmal Vs Mahendra Kumar Prajapat S/O Rajendra Kumar

Smt. Bimla W/O Late Shri Laduram Vs a-Ramesh Chand S/O Chouthmal Poorviya

Hanuman Sahai Bunkar S/O Ram Sahai, Vs Pooran Mal S/O Kalu Ram

L and T General Insurance Company Ltd. through Divisional Manager Vs Vijay @ Vijay Kumar S/O Late Shri Narayan Sharma (Father of Deceased)

Hariram Yogi S/O Sh. Badrilal, Vs Devilal Meena S/O Sh. Ramjilal Meena