Hemant Sharma vs Vishal Kumar
2021 Latest Caselaw 5818 HP

                              1

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 18TH DAY OF DECEMBER, 2021




                                                         .

                           BEFORE

           HON'BLE MR. JUSTICE AJAY MOHAN GOEL





                 FIRST APPEAL FROM ORDER No. 585 of 2018
     Between:-
1.   HEMANT SHARMA, W/O LATE
     SH. ROOP LAL SHARMA.


2.   KANAV SHARMA, S/O LATE
     SH. ROOP LAL SHARMA.
                      r       to

3.   PRANAV SHARMA, S/O LATE
     SH. ROOP LAL SHARMA

     (ALL       R/O        NEAR


     THAKURDWARA        TEMPLE,
     UPPAR BHEULI, P.O. PURANI
     MANDI, DISTRICT MANDI, H.P.)
                                              ...APPELLANTS




     (BY SHRI DIGVIJAY SINGH, ADVOCATE)





     AND

1.   VISHAL KUMAR, S/O SH.





     SUNDER SINGH, R/O VILLAGE
     SAMBHAL, P.O. BIJNI, THSIL
     SADAR, DISTRICT MANDI, H.P.

2.   BRANCH     MANAGER,     ICICI
     LOMBARD, SAHIB COMPLEX,
     MANDI, DISTRICT MANDI, H.P.
                                          ...RESPONDENTS

     (SHRI LOVNEESH THAKUR, ADVOCATE,
     FOR R-1.




                                        ::: Downloaded on - 31/01/2022 23:27:35 :::CIS
                                        2

      SHRI JAGDISH THAKUR, ADVOCATE, FOR
      R-2)
      Whether approved for reporting? No.




                                                                   .
__________________________________________________________





         This appeal coming on for hearing this day, the Court passed
the following:
                                  JUDGMENT

By way of this appeal, the appellants-claimants have assailed

the Award dated 22.07.2016, passed by the Court of learned Motor

Accident Claims Tribunal (III), Mandi, District Mandi, H.P. in Claim Petition

No. 15/12, titled as Smt. Hemant Sharma and others Vs. Vishal Kumar

and another, feeling aggrieved by the amount of compensation, which was

granted to them by the learned Tribunal, inter alia, on the ground that the

same was on the lower side.

2. When the appeal was taken up for consideration, learned

counsel for the parties informed the Court that the issue now stands

amicably settled between the parties by way of a compromise, in terms

whereof, respondent No. 2, i.e., the Insurance Company in issue, has

agreed to pay to the appellants an additional lump sum amount of Rs.

9.50 lacs, over and above the award amount. The Court further stands

informed that this offer of the Insurance Company has been duly accepted

by the appellants-claimants.

3. Learned counsel for the appellants confirms this in the Court.

Accordingly, this appeal is ordered to be closed by taking the factum of

.

compromise having been entered into between the parties and the

Insurance Company having agreed to pay to the appellants-claimants an

additional lump sum amount of Rs.9.50 lacs in all, over and above the

amount of award determined in favour of the claimants by the learned

Tribunal.

4. At this stage, learned counsel for the appellants submits that

it will be in the interest of justice in case the respondent-Insurance

Company is directed to deposit the agreed amount before this Court within

some reasonable time. Let the needful be done within a period of eight

weeks from today. It is further ordered that after the amount is deposited

with the Registry of this Court, the same be released in favour of the

claimants as per their respective shares by remitting it in their bank

accounts, details whereof shall be furnished by the claimants with the

Registry of this Court through learned counsel within two weeks. Appeal

stands disposed of in above terms, so also pending miscellaneous

applications, if any.

(Ajay Mohan Goel) Judge December 18, 2021 (bhupender)