High Court of Punjab and HaryanaFAO/4535/2017disposed of

Bhupinder Singh Through His Wife Pritpal Kaur v. Amrik Singh & ORS

2021-11-20Mr. Justice Vikas Suri2 pages

Bi-Monthly Lok Adalat (through Video Conferencing) FAO No.4535 of 2017 BHUPINDER SINGH THROUGH HIS WIFE PRITPAL KAUR VS AMRIK SINGH & ORS

Present:

Mr. B.S. Saroha, Advocate, and Mr. P.S. Paul, Advocate, for the appellants.

Mr. Rajbir Singh, Advocate, with Mr. Sunil Gupta, Dy. Manager, for the Future General India Insurance Co. Ltd.

***** Instant appeal has been filed by the appellant through his wife seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, SAS Nagar (Mohali), vide its award dated 16.12.2016, to the tune of Rs.24,40,453/- along with interest @ 6% 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 appellant as well as respondent-Insurance Company have amicably settled the matter by stating that an amount of Rs.4,75,000/- (rupees four lakhs and seventy five thousand only) over and above the amount already awarded by the Motor Accident Claims Tribunal, SAS Nagar (Mohali), will be paid as full and final settlement by the Insurance Company to the appellant.

Learned counsel appearing for respondent-Insurance company has further stated that the said amount would be paid by the VANDANA YADAV 2022.04.26 14:22 I attest to the accuracy and authenticity of this document.

FAO No.4535 of 2017 -2Insurance Company to appellant (as agreed) within a period of 45 days from today, failing which the interest @ 9% p.a. shall follow from the date of the settlement before the Lok Adalat till the date of payment. It is further stated that a cheque amounting to Rs.4,75,000/- in the name of the appellant will be deposited with the office of the Lok Adalat of this High Court on or before 03.01.2022, failing which the 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 off as having been amicably settled. The settlement shall be treated as part and parcel of the award and the order of the learned Motor Accident Claims Tribunal, SAS Nagar (Mohali) 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 appellant's counsel/appellant may collect the cheque from the office of the Lok Adalat.

As the main appeal has been disposed off, no separate order needs to be passed in the pending application(s), if any. (VIKAS SURI) President (PAWAN KUMAR MUTNEJA) 20.11.2021 Member VY VANDANA YADAV 2022.04.26 14:22 I attest to the accuracy and authenticity of this document.