Govind S/O Gopal Lal, Vs Hdfc Argo General Insurance Company Limited — Rajasthan HC (2026) — LawSathi Research

Govind S/O Gopal Lal, Vs Hdfc Argo General Insurance Company Limited — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of on the basis of memo of compromise dated 08.01.2026; impugned judgment and award dated 30.11.2023 modified accordingly; respondent No.1-Insurance Company to pay further lump-sum compensation of Rs.2,25,000/- to the claimant-appellant (in addition to the amount already paid) within two months from receipt of certified copy of the order, failing which interest @ 6% per annum applies; terms of compromise treated as integral part of the order; pending applications disposed of.

Issue for consideration

Challenge by the claimant-appellant to the judgment and award dated 30.11.2023 of the Tribunal, which had partly allowed his claim petition with compensation of Rs.2,20,104/- and interest @ 7.5% per annum (adequacy/enhancement of compensation), ultimately resolved by compromise.

Court's answer

In view of the memo of compromise dated 08.01.2026, the present appeal stands disposed of.

Ratio / Principle

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 accordingly (in terms of the compromise).

Key takeaways

If respondent No.1-Insurance Company fails to pay Rs.2,25,000/- to the claimant-appellant within two months from the date of receipt of certified copy of the order, the claimant-appellant shall be entitled to interest @ 6% per annum on that amount.ratio¶4
The terms of the memo of compromise dated 08.01.2026 shall be treated as an integral part of the order.ratio¶5

Detailed headnote1 paragraphs

High Court of Judicature for Rajasthan, Jaipur Bench (Ashutosh Kumar, J., order dated 13/01/2026) in S.B. Civil Miscellaneous Appeal No. 435/2024: Claimant Govind's appeal against the judgment and award dated 30.11.2023 of Motor Accident Claims Tribunal No.2, Bundi in MAC No.146/2021 (claim petition partly allowed; Rs.2,20,104/- with interest @ 7.5% per annum) was disposed of on the basis of a memo of compromise dated 08.01.2026 arrived at during pendency between the claimant-appellant and respondent No.1, Hdfc Argo General Insurance Company Limited. The Court modified the impugned judgment and award accordingly: the insurer is to pay further lump-sum compensation of Rs.2,25,000/- to the claimant-appellant, in addition to the amount already paid, within two months from receipt of certified copy of the order, failing which the amount shall carry interest @ 6% per annum. The terms of the compromise were treated as an integral part of the order and pending applications were disposed of. Other respondents were the driver (Ramgopal) and owner (Shivprakash) of Tractor No. Rj-08-Rb-8560.

[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

Hdfc Argo General Insurance Company Limited, Jhalawar Road, Kota. (Insurance Co. Tractor No. Rj-08-Rb-8560).

Ramgopal S/o Raghunath, R/o Village Bagali, Thana Gendoli, Distt. Bundi.(Raj.) (Driver Tractor No. Rj-08-Rb8560).

Shivprakash S/o Ramgopal, R/o Village Bagali, Thana Gendoli, Distt. Bundi(Raj.) (Owner Tractor No. Rj-08-Rb8560).

----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

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.

[CMA-435/2024]

[2026:RJ-JP:1281]

(2 of 3)

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.”

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.

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]

[CMA-435/2024]

(3 of 3)

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.

The terms of memo of compromise dated 08.01.2026 shall be treated as an integral part of this order.

Any pending applications also stand disposed of.

(ASHUTOSH KUMAR),J

Mohita /84