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High Court of Punjab and HaryanaFAO/3093/2013disposed of

Meena v. M/S Mohan Tractors Pvt Ltd & ANR

2021-02-17Mrs. Justice Lisa Gill3 pages



       

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Present:

Mr. Ajay Kumar Kansal, Advocate for the non-applicant/appellant.

Mr. Rajbir Singh, Advocate for applicant-respondent no.2-insurance company. *** LISA GILL, J.

This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19. Prayer in the application, CM-10851-CII-2020, is for listing of the appeal and its disposal in terms of the compromise arrived at between the appellant/claimant and respondent no.2-insurance company. It is submitted that the matter has been amicably resolved between the parties. Learned counsel for the appellant as well as insurance company verify the factum of settlement between the parties. Keeping in view the specific stand of the parties and at their joint request, main appeal, which was admitted on 04.09.2013, is taken on Board for hearing, today itself.

This appeal has been filed by the claimant - appellant seeking enhancement of the compensation awarded to her by the learned MACT, Jind, vide award dated 14.12.2012, on account of injuries received by appellant in a motor vehicle accident. Compensation of Rs.18,000/- has been awarded to the appellant by the learned Tribunal. It is submitted that during pendency of this appeal, matter has been amicably resolved by way of an oral settlement. It is agreed between the appellant and insurance company that a sum of Rs.1,40,000/- over and above the amount awarded by learned MACT, Jind vide impugned award dated 14.12.2012, would be paid to appellant by way of account payee cheque.

Learned counsel for the appellant submits that he has specific instructions from the appellant to accept counter offer of the proposal of settlement. The appellant has agreed to accept a sum of Rs.1,40,000/- over and above the amount awarded by the learned MACT, Jind on account of injuries received by the appellant in the accident in question as full and final settlement of her claim. Affidavit dated 08.02.2021 of the appellant in this regard is on record.

Learned counsel for the insurance company submits that amount of Rs.1,40,000/- shall be paid to the appellant through account payee cheque within one week. Photocopy of the letter (Annexure A-1) regarding settlement of claim from Mr. Ajay Kumar Kansal, Advocate, counsel for the appellant and photocopy of cheque (Annexure A-2) are annexed along with the application.

Keeping in view the facts and circumstances as above, application is allowed and the main appeal is disposed of in terms of settlement arrived at between the parties.

Needless to say, appellant is at liberty to move appropriate application in this appeal, in case the cheque is not received/encashed. !"*%$*$%$!        .+(++/                 

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