Tarawanti Alias Tarawati v. Sikander And Others

FAO-323-2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.317 FAO-323-2020 (O&M) Date of Decision: 21.11.2025 TARAWANTI @ TARAWATI ....Appellant

Versus

SIKANDER AND OTHERS .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Dheeraj Narula, Advocate for the appellant.

Mr. P.H.S.Pannu, Advocate for respondent No.3-National Insurance Company. Mr. Amit Jaiswal, Advocate for respondent No.6-Oriental Insurance Company. ***** ARCHANA PURI, J. (Oral) Report from the Mediation and Conciliation Centre received. As per the same, amicable settlement has reached between the parties. Copy of the settlement agreement has been annexed with the mediation report, which is taken on record.

Heard.

The present appeal has been filed by the mother of the deceased, namely, Tarawanti @ Tarawati, for seeking enhancement of compensation, under Section 163-A of the Motor Vehicle Act, on account of death of her son, namely, Sahil, in a motor vehicular accident. On appraisal of the evidence brought on record, learned Tribunal had awarded an amount of Rs.4,31,165/-. The liability fastened Sonu 2025.11.21 18:04 I attest to the accuracy and authenticity of this document

FAO-323-2020 (O&M) upon respondents No.1 to 3 is joint and several, to the extent of 50% and qua the residue 50%, the liability fastened upon respondents No.4 to 6, is joint and several.

During the pendency of the appeal, when the matter was referred to the Mediation and Conciliation Centre, under the special mediation drive, the settlement was reached between the parties. As per the settlement agreement, now it has been agreed that both the Insurance Companies i.e. National Insurance Company and Oriental Insurance Company, shall pay jointly an amount of Rs.1,00,000/- i.e. to the extent of 50% each to the appellant-Tarawanti @ Tarawati, over and above the awarded amount. It has also been stated that the requisite amount shall be paid by way of demand draft/cheque, within a period of 45 calendar days, from the date of order passed by this court.

Considering the settlement, so reached, both the Insurance companies are hereby directed to make the payment of Rs.50,000/- each, within a period of 45 days, from today onwards. In the eventuality of any default in making the payment, within a period of 45 days, the Insurance Companies, shall be liable to the penal interest @ 6% per annum, till realization.

In view of the aforesaid terms, the FAO is allowed, being compromised.

(ARCHANA PURI) 21.11.2025 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.11.21 18:04 I attest to the accuracy and authenticity of this document