Rita Minhas @ Reeta Minhas & Others v. Ashwani Kumar & Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CM No.2638-CII of 2021 and CM No.3094-CII of 2021 in FAO No.5131 of 2017(O&M) Date of Decision: March 19 , 2021.

Rita Minhas @ Reeta Minhas and others ...... APPELLANTS

Versus

Ashwani Kumar and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Munish Gupta, Advocate for the applicant/appellants.

Mr. Paul S.Saini, Advocate for respondent No.4-Insurance company.

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1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19. CM No.3094-CII of 2021 Affidavits of appellants No.4 and 5 are taken on record subject to just exceptions.

Application is disposed of.

CM No.2638-CII of 2021 in/and FAO No.5131 of 2017 A joint application i.e., CM No.2638-CII of 2021 has been filed by OMKAR SINGH 2021.03.23 17:42 I attest to the accuracy and integrity of this document High Court, Chandigarh

FAO No.5131 of 2017(O&M) [2] the appellants and respondent No.4-insurance company seeking disposal of the appeal, in view of the oral settlement arrived at between the parties. This appeal has been filed by the claimants seeking enhancement of compensation awarded to them by the learned Motor Accident Claims Tribunal, Hoshiarpur (hereinafter referred to as, the 'Tribunal') vide impugned award dated 09.03.2017 on account of death of Sukhdev Singh. Learned counsel for the appellants/claimants and respondent No.4 submit that this matter has been amicably resolved and the appellants/claimants have agreed to accept a sum of `3,80,000/- over and above the amount awarded, as full and final settlement of their claim. Affidavits of appellants No.1, 4 and 5 in respect to the settlement are on record. Respondents No.2 and 3 are minor and interest of other appellants is not adverse to theirs. Learned counsel for the Insurance company submits that the abovesaid amount shall be deposited before the learned Tribunal within four weeks.

Keeping in view the facts and circumstances as above, present appeal is disposed of in terms of the compromise arrived at between the parties. The sum of `3,80,000/- be deposited by respondent-Insurance company within four weeks in the same ratio as awarded by learned Tribunal to the claimants. Same be released accordingly. Liberty is afforded to the appellants to file appropriate application in this appeal in case the amount in question is not deposited.

( LISA GILL ) March 19 , 2021.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2021.03.23 17:42 I attest to the accuracy and integrity of this document High Court, Chandigarh