High Court of Punjab and HaryanaFAO/614/2018disposed of

Jaspal Kaur And ORS v. Balwinder Singh And ORS

2020-07-20Mr. Justice Harnaresh Singh Gill2 pages

CM-7354-CII-2020 in/and ..1..

FAO-614-2018 In the High Court of Punjab and Haryana at Chandigarh CM No. 7354-CII of 2020 IN/AND FAO No. 614 of 2018 Date of Decision: 20.7.2020 Jaspal Kaur and others ......Appellants

Versus

Balwinder Singh and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Vivek Suri, Advocate for the appellants.

Mr. Rajesh Kaul, Advocate for respondent No. 3-Insurance Company.

**** HARNARESH SINGH GILL , J. (ORAL) CM-7354-CII-2020 Case is being taken up for hearing through video conferencing. This is a joint application under Section 151 CPC for disposal of the main case on the basis of amicable settlement. The appellants are being represented by Mr. Vivek Suri, Advocate whereas respondent No. 3-insurance company is being represented by Mr. Rajesh Kaul, Advocate.

It has been averred in the application that the matter has been mutually settled between the parties and the claim of the appellants would be satisfied if the compensation is enhanced to the tune of Rs. 2,00,000/- under all heads of compensation including interest component towards full and final settlement of claim, over and above the amount awarded by the Tribunal. The said proposal of the claimants-appellants has been accepted GURPREET SINGH 2020.07.20 17:15 I attest to the accuracy and integrity of this document Chadigarh

CM-7354-CII-2020 in/and ..2..

FAO-614-2018 by respondent No. 3-insurance company.

Keeping in view the above, the application is allowed in terms of the order in the main case.

FAO-614-2018 As per both the counsels, settlement has arrived between the parties and as per the compromise, respondent No. 3-insurance company will pay Rs. 2,00,000/- to the claimants-appellants under all the heads of compensation including interest component, towards full and final settlement of claim over and above the amount already awarded by the Tribunal. Learned counsel for respondent No.3-insurance company has pointed out that they will hand over a cheque to Mr. Vivek Suri, Advocate for the appellants, within four weeks.

In view of the above, respondent No. 3 is directed to hand over a cheque amounting to Rs. 2,00,000/- to the counsel for the appellants under all the heads of compensation including interest component, towards full and final settlement of claim over and above the amount already awarded by the Tribunal, within four weeks.

The appeal stands disposed of.

However, the appellants would be at liberty to reopen the matter in case of any default in payment on behalf of respondent No. 3. It is made clear that in case there is any delay in payment of the above said amount, the same would be paid along with interest @ 7% per annum.

(HARNARESH SINGH GILL) JUDGE July 20, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.07.20 17:15 I attest to the accuracy and integrity of this document Chadigarh