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High Court of Punjab and HaryanaFAO/4855/2015disposed of

Shabila And ORS v. Shabbir And ORS

2018-11-19Mr. Justice Avneesh Jhingan2 pages

FAO No.4855 of 2015 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4855 of 2015 (O&M) Date of decision: 19.11.2018 Shabila and others .... Appellants

Versus

Shabbir and others ..... Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present :

Mr. Ashish Gupta, Advocate for the appellants.

Mr. Punit Jain, Advocate for respondent No.3-Insurance Company.

**** Avneesh Jhingan, J. (Oral) The present appeal has been filed against award dated 29.04.2015 passed by Motor Accident Claims Tribunal, Mewat (hereinafter referred to as 'the Tribunal) seeking enhancement of compensation. A motor vehicular accident took place on 12.11.2014. Sahabudeen lost his life in the said accident. The offending vehicle in the accident was a truck bearing registration No.RJ-2G-9616 (for brevity, 'offending vehicle'). FIR No.237 dated 13.11.2014 was registered. A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for brevity, 'the Act') was filed by the widow, four minor children and the mother of the deceased. The Tribunal awarded a sum of `6,32,000/- along with interest @ 9% per annum.

ANJU 2018.11.22 15:58 I attest to the accuracy and integrity of this document phhc

FAO No.4855 of 2015 (O&M) -2Learned counsel for the appellants states that the matter has been compromised with the insurer of the offending vehicle to the effect that an amount of `6,25,000/- over and above, the amount already awarded by the Tribunal shall be paid by the Insurance Company. Learned counsel for the Insurance Company states that he has instructions from his client that the matter has been compromised and an amount of `6,25,000/- more shall be paid within eight weeks from today. Let the enhanced compromised amount be deposited by the insurer within eight weeks from today before the Executing Court. The claimants shall claim the said amount from the Executing Court thereafter. In view of the statements made by learned counsel for the parties, the appeal is disposed of.

(AVNEESH JHINGAN) JUDGE 19.11.2018 anju 1.Whether the order is speaking/reasoned: Yes/No 2.Whether the order is reportable :

Yes/No ANJU 2018.11.22 15:58 I attest to the accuracy and integrity of this document phhc