Inderjeet Singh v. Satbir Singh And ORS.

FAO No. 7418 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 7418 of 2016 (O&M) Date of decision : 6.10.2021 ...

Inderjeet Singh ................Appellant vs.

Satbir Singh and others .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Ajay Ghangas, Advocate for Mr. Vikrant Hooda, Advocate for the petitioner. Mr. Sanjeev Kodan, Advocate for respondent No.3- Insurance company ...

H. S. Madaan, J. (Oral) Petitioner - Inderjeet Singh, had suffered injuries in a roadside accident, which took place on 29.11.2007, in the area near Kaimalgarh Turning at Jhajjar-Bahadurgarh Road, statedly on account of rash and negligent driving of Maxi Cab bearing registration No. HR-19-A-6391, by Satbir Singh - respondent No.1, such vehicle belonging to respondent no.2 Ashok Kumar and insured with respondent No.3- Iffco Tokio General Insurance Company Limited, Gurgaon. Such injured had brought a petition under Section 166 of the Motor Vehicles Act, claiming compensation against driver,

FAO No. 7418 of 2016 -2owner and Insurance company, of the offending vehicle. That claim petition was tried and disposed of by Motor Accident Claims Tribunal, Jhajjar, vide detailed award dated 27.4.2016, in terms of which the claim petition was accepted and compensation of Rs. 5,02,181/- alongwith interest @ 8% per annum from the date of filing of the petition till actual realisation, was granted to the petitioner -claimant, payable by all the three respondents, jointly and severally, observing that Insurance Company would pay the amount to the petitioner, however, it could recover the same from respondents No. 1 and 2. The petitioner - claimant being of the view that compensation awarded to him was inadequate, has approached this Court, by way of filing the present appeal, notice of which was given to the respondents and respondent No.3-Insurance Company has put in appearance.

The matter has been amicably settled between the appellantclaimant and the Insurance company, in terms of which the Insurance Company has offered to pay Rs.5 lacs to the appellant-claimant over and above the compensation awarded to him by the Tribunal, which offer has been accepted on behalf of the appellant-claimant. Learned counsel for the appellant-claimant has stated at the Bar that amount awarded by the Motor Accidents Claims Tribunal, has since been paid by the Insurance Company to the claimant with interest and costs. Learned counsel for the Insurance Company has handed over a cheque in the sum of Rs. 5 lacs to learned counsel for the appellant-claimant, a photocopy of which has been placed on

FAO No. 7418 of 2016 -3record. In that way, the claim of the appellant-claimant stands satisfied.

Learned counsel for the appellant-claimant states that it being so, he be permitted to withdraw the present appeal. Allowed. Dismissed as withdrawn, as compromised.

( H.S. Madaan ) 6.10.2021 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No