Darshan Singh v. Swarna Rani And Others
FAO-5546-2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH *** 1.
FAO-5546-2024 (O&M) Darshan Singh ...Appellant
Versus
Swarna Rani and others
...Respondents
2.
FAO-377-2026(O&M) Sardool singh (since deceased) through his LRs ... Appellant
Versus
Swarna Rani and others ... Respondents Date of decision : 27.05.2026 CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present:
Mr. Raghav Gulati, Advocate and Mr. Rahul Kesar, Advocate for the appellant in FAO-5546-2024 and respondent no.4 in FAO-377-2026.
Mr.Bhrigu Dutt Sharma, Advocate for the appellant in FAO-377-2026.
Mr.Sumant Singh, Advocate for respondents no.1 to 3 in FAO-5546-2024 and FAO-377-2026.
VIKAS BAHL, J.(ORAL) CM-10649-CII-2026 IN FAO-5546-2024 1.
This is an application under Section 151 CPC for preponing the date of hearing in the main appeal from 02.11.2026 in view of the compromise.
FAO-5546-2024 (O&M) 2 2.
For the reasons stated in the application, the application is allowed and the FAO-5546-2024 is preponed from 02.11.2026 to today itself for hearing.
Main case 1.
This order will dispose of two appeals i.e., FAO-5546-2024 and FAO-377-2026.
2.
The First Appeal i.e. FAO-5546-2024 has been filed by Darshan Singh who is stated to be the registered owner of the vehicle in question. The second FAO-377-2026 has been filed by Sardool Singh through his LRs, who is the driver of the offending vehicle. Both the appeals have been filed challenging the award dated 16.07.2024. 3.
The Motor Accidents Claim Tribunal vide award dated 16.07.2024 had awarded an amount of Rs.76,84,528/- in favour of claimants, who were the mother, widow and minor daughter of the deceased of Bal Krishan. It is the case of all the parties including all the claimants (respondents no.1 to 3) that the vehicle in question was not insured. 4.
During the course of the arguments, learned counsel for the appellant as well as learned counsel for the claimants have submitted that the matter has been amicably settled between the parties and the total amount to which the claimants are entitled to is Rs.43 lacs instead of Rs.76,84,528/- which is to be paid to the claimants, the total settled amount of Rs.43 lacs. It is further submitted on behalf of the claimants that the said amount of Rs.43 lacs has been received by virtue of demand drafts and
FAO-5546-2024 (O&M) 3 regarding the same, three separate receipts have been issued on behalf of the claimants. The said receipts along with the demand drafts have been handed over to the Court, during the course of the arguments, which is taken on record as Mark A (colly).
5.
The receipts issued by the claimants dated 20.05.2026 are reproduced as under:- "I, Manu Priya widow of Balkrishan D/o Bharat Bhushan R/o H. No.11A, PNT Colony, Adarsh Nagar, Jalandhar at present 82, Raja Garden, Mithanpur Road, Jalandhar have received a sum of Rs15,00,000/- (Fifteen Lacs), through two bank demand drafts bearing no.126518 of Bank of Baroda, Ghandhara dated 18.05.2026 of Rs7,50,000/- and bearing no.858117 of Punjab National Bank, Mansa dated 14.05.2026 of Rs7,50,000/- in the name of my minor daughter namely Baani being her mother as well as natural Guardian by way of her share out of total settled sum of Rs43,00,000/- (Forty Three Lacs) under the Panchayati compromise dated 26.03.2026 regarding her claim of compensation for the loss of life of her deceased father namely Balkrishan in a motor accident on 31.07.
2020, involved in motor accident claim case bearing no. MACP/122/2020 titled as Swarna Rani and other Versus Sardool Singh and Others decided vide award dated 16.07.2024 passed by Sh. Rajeev K Beri, Motor Vehicle Claim Tribunal Jalandhar from the members of second party of the above referred Panchayati Compromise dated 26.03.2026 and her claim of compensation in the above referred award passed by the above mentioned motor accident claim tribunal has been now fully satisfied by way of full and final settlement under the terms and conditions of said compromise entered into by me with the members of second party of above mentioned Panchayati Compromise for her betterment and welfare, and now I will not file any execution petition against the JDs/respondents of the above mentioned MACT petitions i.e.
FAO-5546-2024 (O&M) 4 the mutual Panchayati compromise dated 26.03.2026 with the members of its second party and I will deposit the above mentioned received amount of Rs.15,00,000/- on behalf of my daughter through above mentioned two bank drafts in the fixed deposits till the date of her majority in her bank account and I have issued this receipt in token of evidence. Date: 20.05.2026"
xxx xxx xxx " I, Manu Priya Widow of Balkrishan D/o Sh. Bharat Bhushan R/o H. No11A, PNT Colony, Adarsh Nagar, Jalandhar at present R/o 82 Raja Garden, Mithapur Road, Jalandhar have received a sum of Rs14,00,000/- (Fourteen Lacs), through two bank demand drafts bearing no.126519 of Bank of Baroda, Gandhara Brnach dated 18.05.2026 of Rs7,00,000/- and bearing no.942551 of State Bank of India, Ralla Branch dated 14.05.2026 of Rs7,00,000/- in my name by way of my share out of total settled sum of Rs43,00,000/- (Forty Three Lacs) under the Panchayati compromise dated 26.03.2026 regarding my claim of compensation for the loss of life of my deceased husband namely Balkrishan in a motor accident on 31.07.2020 involved in motor accident claim case bearing no.
MACP/122/2020 titled as Swarna Rani and other Versus Sardool Singh and Others decided vide award dated 16.07.2024 passed by Sh. Rajeev K Beri, Motor Vehicle Claim Tribunal Jalandhar from the members of second party of the above referred Panchayati Compromise dated 26.03.2026 and my claim of compensation in the above referred award passed by the above mentioned motor accident claim tribunal has been now fully satisfied by way of full and final settlement under the terms and conditions of said compromise and now I will not file any execution petition against the JDs/respondents of the above mentioned MACT petitions i.e.
the members of second party of the above mentioned Panchayati Compromise for the execution of above referred award after receiving the above mentioned amount of my share as a full and final settlement under the mutual Panchayati compromise dated 26.03.2026 with the members of its second party and I have issued this receipt in token of evidence. Date: 20.05.2026 xxx xxx xxx "I, Swarna Rani W/o Sh Ramesh Chander R/o H.No.
FAO-5546-2024 (O&M) 5 Adarsh Nagar, Jalandhar have received a sum of Rs14,00,000/-(Fourteen Lacs), through two bank demand drafts bearing no.620698 of Capital Small Finance Bank Ltd. dated 15.05.2026 of Rs 7,00,000/- and bearing no.858118 of Punjab National Bank, Mansa dated 14.05.2026 of Rs7,00,000/- in my name by way of my share out of total settled sum of Rs43,00,000/- ( Forty Three Lacs) under the Panchayati compromise dated 26.03.2026 regarding my claim of compensation for the loss of life of my deceased son namely Balkrishan in a motor accident on 31.07.2020 involved in motor accident claim case bearing no.MACP/122/2020 titled as Swarna Rani and other Versus Sardool Singh and Others decided vide award dated 16.07.2024 passed by Sh.
Rajeev K Beri, Motor Vehicle Claim Tribunal Jalandhar from the members of second party of the above referred Panchayati Compromise dated 26.03.2026 and my claim of compensation in the above referred award passed by the above mentioned motor accident claim tribunal has been now fully satisfied by way of full and final settlement under the terms and conditions of said compromise and now I will not file any execution petition against the JDs/respondents of the above mentioned MACT petitions i.e. the members of second party of the above mentioned Panchayati Compromise for the execution of above referred award after receiving the above mentioned amount of my share as a full and final settlement under the mutual Panchayati compromise dated 26.03.2026 with the members of its second party and I have issued this receipt in token of evidence.
Date: 20.05.
6.
It has also been stated that even the execution has been satisfied in view of the compromise. It is further jointly submitted that the said compromise has been entered into voluntarily and without any coercion or undue influence and would help in finally resolving the matter. It is jointly prayed that the present appeal be disposed of in terms of the compromise and the award be modified.
7.
Keeping in view the facts and circumstances of the present
FAO-5546-2024 (O&M) 6 case, the present appeals are partly allowed and the award dated 16.07.2024 stands modified in terms of the compromise and the respondent no.1 to 3 are held entitled to an amount of Rs.43 lacs as full and final settlement which amount has been admittedly paid to the respondents no.1 to 3. 8.
Pending application, if any, stands disposed of in view of the abovesaid order.
(VIKAS BAHL) JUDGE May 27, 2026.
Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No