High Court of Punjab and HaryanaFAO/2077/2019disposed of

Karanvir v. Rajinder Pathania And Others

2025-11-11Mrs. Justice Archana Puri2 pages

FAO-2077-2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.137 FAO-2077-2019 Date of Decision: 11.11.2025 KARANVIR ....Appellant

Versus

RAJINDER PATHANIA AND OTHERS .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Arun Takhi, Advocate for the appellant.

Mr. Abhimanyu Kalsy, Advocate for respondent No.3-Insurance Company.

***** ARCHANA PURI, J. (Oral) Report has been received from the Mediation and Conciliation Centre. As per the same, settlement has reached between the appellant, as well as the Insurance Company.

The FAO in question was filed by the appellant-Karanvir, for seeking compensation on account of injuries sustained by him, in a motor vehicular accident, which took place on 21.11.2016. Vide impugned Award, the compensation was awarded by learned Tribunal, to the extent of Rs.5,71,355/-. Being aggrieved, the appellant has filed the FAO in hand, for seeking enhancement of compensation.

Now, with the intervention of the Mediator, settlement has reached and the Insurance Company has agreed to pay a sum of Rs.1,35,000/-, over and above the amount awarded by learned Tribunal. Sonu 2025.11.12 09:51 I attest to the accuracy and authenticity of this document

FAO-2077-2019 However, perusal of the settlement reveals about making payment of the enhanced amount aforesaid, within a period of 75 calendar days, from the date of settlement i.e. 16.10.2025. However, this recital, with regard to the period of payment is quite onerous, since the amount is not a huge one. Also, considering the date of institution of the FAO, this condition of payment to be made in 75 days, is too harsh for the appellant, who had sustained injuries in the accident in question. In the fitness of the circumstances, the Insurance Company is directed to make payment of the aforesaid amount, to the extent of Rs.1,35,000/-, within a period of two weeks from today onwards. In the eventuality of non-payment, as ordered aforesaid, the Insurance Company shall be liable to pay the penal interest @ 6% per annum, till realization. In view of the aforesaid terms, the FAO stands disposed of. (ARCHANA PURI) 11.11.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.11.12 09:51 I attest to the accuracy and authenticity of this document