Satbir Singh And ANR v. Inder Jeet And ORS

FAO-6628-2012 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.127-2 FAO-6628-2012 (O&M) Date of Decision: 20.01.2025 SATBIR SINGH AND OTHERS ....Appellants

Versus

INDER JEET AND OTHERS .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. J.P.Sharma, Advocate for the appellants.

Mr. Mukesh Yadav, Advocate for respondents No.1 to 3.

Mr. Sachin Gupta, Advocate for respondent No.4.

None for respondent No.6.

***** ARCHANA PURI, J. (Oral) Compromise is alleged to have been effected between the appellants as well as respondent No.4-ICICI Lombard Motor Insurance Company, whereby the Insurance Company has agreed to pay an amount of Rs.5,50,000/- over and above the awarded amount of Rs.4,69,000/-, only to appellant No.2, namely, Rajbala, who is the mother of the deceased, Ashok Kumar. Even though, the claim petition was filed by the father, mother and sisters of the deceased, Ashok Kumar, but however, the amount was awarded only to the mother, namely, Rajbala, which was to the extent of Rs.4,69,000/-.

Sonu 2025.01.23 15:21 I attest to the accuracy and authenticity of this document

 FAO-6628-2012 (O&M) In view of the aforesaid, counsel for the appellants made a submission that appellant No.1, Satbir Singh and appellant No.3, Sunil Kumar, who are the father and the unmarried daughter of the deceased, have no objection, if an amount of Rs.5,50,000/- is granted only to Rajbala and the matter is disposed of.

The aforesaid fact of amicable settlement, as such, has not been disputed by the counsel for respondent No.4-Insurance Company. This amount has been agreed to be paid in total, irrespective of the liability fastened by learned Tribunal to the extent of 50% on the Insurer of both the vehicles involved.

In view of the aforesaid submissions, it has been agreed between the parties that the Insurance Company shall pay the settled amount of Rs.5,50,000/- within a period of four weeks from today onwards, by way of cheque, in the name of Rajbala.

In the event of non-compliance, on the part of respondent No.4Insurance Company, the appellant shall be at liberty to file the Execution and respondent No.4-Insurance company, shall also be liable to pay default interest at the rate of 8% per annum, after the period of four weeks from today onwards, till the realization of the settled amount. In view of the aforesaid terms, the appeal stands disposed of. (ARCHANA PURI) 20.01.2025 JUDGE  Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.01.23 15:21 I attest to the accuracy and authenticity of this document