Pushvinder v. Inder Jeet And ORS

FAO-6629-2012

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.123-3 FAO-6629-2012 Date of Decision: 20.12.2024


....Appellant

Versus



    .....Respondents

CORAM:

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

None for respondents No.1 to 3.

Mr. Sachin Ohri and Mr. Sachin Gupta, Advocates for respondent No.4-ICICI Lombard Motor Insurance Co. Ltd. None for respondent No.5.

Mr. Nigam K. Bhardwaj, Advocate for respondent No.6-Reliance General Insurance Co. Ltd. ***** ARCHANA PURI, J. (Oral) There is no representation on behalf of respondents No.1 to 3 and 5, despite service. As such, they are proceeded against ex parte. At this stage, it is submitted that compromise has been effected between the appellant, as well as respondent No.4-ICICI Lombard Motor Insurance Company Limited and the said Insurance Company has agreed to pay an amount of Rs.1,50,000/-, over and above the awarded amount of Rs.99,613/-, earlier granted by the Tribunal, wherein, the apportionment of the liability was fastened upon both the insurance companies, apart from the driver and owner, to the extent of 50% each. However, the said amount has already been received by the appellant, as apprised by the counsel appearing Sonu 2024.12.20 15:25 I attest to the accuracy and authenticity of this document P&HHC

FAO-6629-2012 today.

Now, an amount of Rs.1,50,000/-, is agreed to be paid by respondent No.4-ICICI Lombard Motor Insurance Company Limited, over and above the awarded amount, which is acceptable to the counsel appearing on behalf of the appellant. Even, respondent No.6-Reliance General Insurance Company Limited, who is the insurer of the other vehicle involved in the accident, has no objection to the aforesaid terms of compromise. Both the counsel, representing the insurance companies submit that they have no objection, if the FAO is accepted, on the basis of the compromise and Rs.1,50,000/- is ordered to be paid by respondent No.4ICICI Lombard Motor Insurance Company Limited, since the liability is joint and several with other respondents.

In view of the aforesaid consensus reached between the parties, the FAO is accepted and it is ordered that an amount of Rs.1,50,000/-, over and above the awarded amount, be paid to the appellant by respondent No.4ICICI Lombard Motor Insurance Company Limited, within a period of six weeks.

In the eventuality of amount not paid within the stipulated period, respondent No.4 shall be liable to pay penal interest @ 6% per annum, till realization.

Accordingly, the FAO stands disposed of.

(ARCHANA PURI) 20.12.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2024.12.20 15:25 I attest to the accuracy and authenticity of this document P&HHC