Shahbaz Alam v. Raj Kishore & ORS (Raheja Qbe General Insurance Co Ltd)

$~40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 32/2016 SHAHBAZ ALAM ..... Appellant Through:

Mr. Manu Shahalia, Advocate versus RAJ KISHORE & ORS (RAHEJA QBE GENERAL INSURANCE CO LTD) .....Respondents Through:

Mr. Rudra Kahlon, Advocate for respondent No.3

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 23.11.2016 C.M.43557/2016 The date of 7th December, 2016 stands cancelled. By way of this joint application, appellant as well as learned counsel for respondent No.2 seeks to settle the subject matter of the main appeal seeking enhancement of compensation of the awarded amount. Learned counsel for appellant/applicant submits that due to inadvertence, Raheja QBE General Insurance Co. Ltd. has been referred to as respondent No.2 whereas in the memo of parties, this insurance company is respondent No.3. Alongwith this application, an affidavit of authorized signatory of respondent-insurer and that of appellant has been filed.

Upon notice, learned counsel for respondent-insurer submits that there is no opposition to this application as respondent-insurer is ready to MAC.APP. 32/2016

pay the amount of `74,528/- to appellant within four weeks. This is acceptable to appellant's counsel.

In view of aforesaid, the application is allowed as prayed for. MAC.APP. 32/2016 & C.M.1486/2016 In view of the orders passed in C.M.43557/2016 above, this appeal and the application are accordingly disposed of while modifying the impugned Award in terms of the settlement arrived at between the parties. (SUNIL GAUR) JUDGE NOVEMBER 23, 2016 s MAC.APP. 32/2016