Premo & ORS v. Kawal Preet & ANR

FAO No.-197-2017 547(2) National Lok Adalat through Video Conferencing FAO No.-197-2017 Premo and others Vs. Kawal Preet and another

Present:

Mr. Surinder Singh Virk, Advocate for the appellants. Mr. Rajbir Singh, Advocate with Mr. Sunil Gupta, Manager, Future Generali India Insurance Company Limited.

* * * * Instant appeal has been filed by the appellants seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Panipat vide its award dated 26.07.2016, to the tune of `11,45,000/- along with interest @ 8% per annum from the date of filing of the claim petition till realization.

It has been brought to the notice of this Bench that the matter has been amicably settled. Statements of both the parties/counsel have been recorded separately which is taken on record as mark 'A' and 'B', respectively.

A perusal of the statements would show that the appellants as well as respondent-Insurance Company have amicably settled the matter by stating that an amount of `2,50,000/- (Two Lacs Fifty Thousand only) over and above the amount already awarded by the Motor Accident Claims Tribunal, Panipat will be paid as full and final settlement by the Insurance Company to the appellant(s).

Learned counsel appearing for respondent-Insurance company has further stated that the said amount would be paid by the Insurance Company to appellants (as apportioned by the Tribunal, as agreed) within a period of 45 days from today, failing which interest @ 9% p.a. shall follow from the date of the settlement before the Lok Adalat till the date of payment.

AJAY KUMAR 2021.12.17 16:54 I attest to the accuracy and integrity of this document

FAO No.-197-2017 It is further stated that six respective cheques total amounting to `2,50,000/- in the name of the appellants will be deposited with the office of the Lok Adalat of this High Court on or before 25.01.2022, failing which interest @ 9% p.a. shall accrue on the said amount from the date of this order, till its realization.

In view of the above, we are of the considered opinion that the settlement is genuine and bona fide and in the best interest of the litigating parties.

Accordingly, instant appeal is disposed of as having been amicably settled. The settlement shall be treated as part and parcel of the award and the impugned award passed by the learned Motor Accident Claims Tribunal, Panipat stands modified as indicated above. The parties will be bound by the said settlement.

The concerned officer of the Lok Adalat Branch/Office shall issue proper receipt after receiving the Cheque/Demand Draft to learned counsel for the respondent-Insurance Company. The appellants' counsel/appellant(s) may collect the cheque from the office of the Lok Adalat.

As the main appeal has been disposed of, no separate order needs to be passed in the pending application(s), if any. (VIKAS SURI) President (PAWAN KUMAR MUTNEJA) 11.12.2021 Member Ajay AJAY KUMAR 2021.12.17 16:54 I attest to the accuracy and integrity of this document