Himachal Pradesh High Court
Authorized Officer/Signatory vs Smt. Reena on 10 December, 2021
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 10TH DAY OF DECEMBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
FIRST APPEAL FROM ORDER NO. 406/2015
BETWEEN:
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY
LIMITED, HAVING ITS REGISTERED AND
HEAD OFFICE AT GE PLAZA, AIRPORT ROAD,
YERWADA, PUNE-411006 THROUGH ITS
AUTHORIZED OFFICER/SIGNATORY
MS. SARPREET KAUR AHLUWALIA, HAVING ITS
REGIONAL OFFICE AT SCO NO. 14,
FOURTH FLOOR, NEW SHIRAZ-II, SECTOR-5,
PUNCHKULA (HARYANA)
r ....APPELLANT
(BY SH. AMAN SOOD, ADVOCATE.)
AND
1. SHRIMATI REENA KUMARI,
WIDOW OF LATE SHRI PRADEEP KUMAR.
2. ABHISHEK KANWAR (MINOR),
SON OF LATE SHRI PRADEEP KUMAR.
3. ABHINAV (MINOR),
SON OF LATE SHRI PRADEEP KUMAR.
RESPONDENTS NO. 2 AND 3 BEING MINORS
REPRESENTED THROUGH THEIR NATURAL
MOTHER AND GUARDIAN SHRIMATI REENA KUMARI,
WIDOW OF LATE SHRI PRADEEP KUMAR.
ALL RESIDENTS OF VILLAGE PATHEYAR, POST OFFICE
DHUNDAN, TEHSIL ARKI, DISTRICT SOLAN, H.P.
4. SHRIMATI NIKKI DEVI ALIAS TULSI DEVI,
WIDOW OF SHRI LAKH RAM ALIAS
LEKH RAM.
5. MASTER MANOJ (MINOR)
SON OF SHRI LAKH RAM ALIAS
LEKH RAM.
6. MISS NEELAM (MINOR)
DAUGHTER OF SHRI LAKH RAM ALIAS
LEKH RAM.
7. MISS PRINKA (MINOR)
DAUGHTER OF SHRI LAKH RAM ALIAS
LEKH RAM.
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2
RESPONDENTS NO. 5 TO 7 BEING MINORS
REPRESENTED THROUGH THEIR NATURAL
MOTHER AND GUARDIAN SHRIMATI NIKKI DEVI
ALIAS TULSI DEVI,
WIDOW OF SHRI LAKH RAM ALIAS
LEKH RAM.
.
ALL RESIDENTS OF VILLAGE SAI BRAHMNA,
POST OFFICE KHARSI, TEHSIL SADAR,
DISTRICT BILASPUR (HP) (OWNERS-CUM-INSURED
OF APPLIED FOR TRACTOR HAVING CHASSIS NUMBER
QYCL 30714030444, AND ENGINE NUMBER
39.1340/HL004684.
.... RESPONDENTS
(SH. SANJAY BHARDWAJ, ADVOCATE, FOR R-1 TO R-3)
BETWEEN:
1.
SMT. REENA KUMARI,
FIRST APPEAL FROM ORDER NO. 49/2016
WIDOW OF LATE SHRI PRADEEP KUMAR.
2. ABHISHEK,
SON OF LATE SHRI PRADEEP KUMAR.
3. ABHINAV,
SON OF LATE SHRI PRADEEP KUMAR.
APPELLANT NO.3 MINOR
THROUGH HIS MOTHER AND NATURAL
GUARDIAN SMT REENA KUMARI(APPELLANT NO.1.)
ALL RESIDENTS OF VILLAGE PATHEYAR, POST OFFICE
DHUNDAN, TEHSIL ARKI, DISTRICT SOLAN, H.P.
....APPELLANTS
(BY SH. SANJAY BHARDWAJ, ADVOCATE)
AND
1. SMT. NIKKI DEVI ALIAS TULSI DEVI,
WIDOW OF LATE SHRI LAKH RAM ALIAS
LEKH RAM.
2. MASTER MANOJ (MINOR)
SON OF LATE SHRI LAKH RAM ALIAS
LEKH RAM.
3. MISS NEELAM (MINOR)
DAUGHTER OF LATE SHRI LAKH RAM ALIAS
LEKH RAM.
4. MISS PRINKA (MINOR)
DAUGHTER OF LATE SHRI LAKH RAM ALIAS
LEKH RAM.
RESPONDENTS NO. 2 TO 4 ARE MINORS
THROUGH THEIR MOTHER AND NATURAL
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GUARDIAN SMT. NIKKI DEVI
ALIAS TULSI DEVI, (RESPONDENT NO.1).
ALL RESIDENTS OF VILLAGE SAI BRAHMNA,
POST OFFICE KHARSI, TEHSIL SADAR,
DISTRICT BILASPUR (HP) (OWNERS-CUM-INSURED
.
OF A/F TRACTOR,CHASIS NUMBER
QYCL 30714030444, AND ENGINE NUMBER
39.1340/HL004684.
5. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY
LIMITED, HAVING ITS OFFICE,
SECTOR 8-C, SCO NO. 139-140,
1ST FLOOR, CHANDIGARH (UT) INSURER OF
A/F TRACTOR,CHASIS NUMBER
QYCL 30714030444, AND ENGINE NUMBER
39.1340/HL004684 THROUGH ITS
BRANCH MANAGER.
.... RESPONDENTS
(SH. AMAND SOOD, ADVOCATE, FOR R-5)
___________________________________________________________________
These appeals coming on for admission after notice this
day, the Court passed the following:
JUDGMENT
CMP No. 14796/2021 in FAO No.406/2015 &
CMP No. 14799/2021 in FAO No. 49/2016
By medium of these applications, the applicant, Abhinav
Kanwar, has sought permission to continue with the appeals in his
own capacity, after discharge of his guardian on the ground that he
has attained majority. The documents accompanying the applications,
which are in the nature of matriculation examination certificate(s),
reveal that the applicant has attained majority. Accordingly, the
applications are allowed and the guardian of the applicant is
discharged. Consequently, the applicant is permitted to pursue the
appeals in his own capacity. Applications stand disposed of.
FAO Nos. 406/2015 & 49/2016
The parties, i.e. claimants and Insurance Company, have
jointly moved CMP No. 14801/2021 in FAO No. 49/2016 for recording
the compromise. Paras 3 to 5 of the application are relevant and
.
extracted below:
"3. That the parties have mutually settled the matter out of court
and have decided that in addition to the amount as awarded by
the Ld. Tribunal below, further, a sum of Rupees 5,00,000/-
(Rupees Five Lakhs only) over and above the amount already
awarded by the Ld. Tribunal below will be paid to the
claimants/appellants by the Insurance Company/Respondent
No.5 and the said amount shall be deposited in the Registry of
this Hon'ble Court, within a period of 6 weeks from the date of
recording
r the compromise failing which Insurance
Company/Respondent No.5 shall be liable to pay interest @ 8%
from the date of passing the order by this Hon'ble Court till its
deposit. Further, as per compromise, Insurance
Company/respondent No.5 who has also preferred the appeal
shall withdraw its appeal, i.e. FAO (MVA) No. 406/2015, titled
Bajaj Allianz General Insurance Company Ltd. versus Smt. Reena
Kumar and others.
4. That as a matter of fact, in view of out of court settlement,
applicants/appellants and insurance company/respondent No.5
now do not want to pursue the appeal as well as the appeal filed
by Insurance Company i.e. FAO (MVA) No. 406/2015, titled Bajaj
Allianz General Insurance Company Ltd. versus Smt. Reena
Kumari and others. Parties will abide by the compromise arrived
at between the parties.
5. That no prejudice shall be caused to either of the parties,
in case, the present application is allowed and present appeal as
well as the appeal filed by Insurance Company/respondent No.5
are disposed off, having been compromised between the parties
as aforesaid. However, with a request to direct the Insurance
Company/respondent No.5 to deposit a sum of Rs.5,00,000/-
(Rs. Five Lakhs) within a period of 6 weeks from the date of
recording the compromise failing which Insurance
Company/Respondent No.5 shall be liable to pay interest @ 8%
from the date of passing the order by this Hon'ble Court till its
deposit."
2 In view of the compromise arrived at between the
.
parties, CMP No. 14801/2021 is allowed. Consequently, both
these appeals are disposed of as having been compromised in the
aforesaid terms, so also the pending application(s), if any. In
case there is non-adherence to the terms and conditions of the
aforesaid compromise by either of the parties, then it shall always
be open to the aggrieved party to approach this Court.
3 The award amount, as deposited by the Insurance
Company, along with upto date interest is ordered to be released
in favour of the claimants, as per their shares, by remitting the
same to their respective saving bank accounts, particulars
whereof shall be supplied by the learned counsel for the
claimants within one week from today.
(Tarlok Singh Chauhan)
Judge
10.12.2021
(pankaj)
