Himachal Pradesh High Court
Dera Baba Nanak Bus Service ... vs Smt. Monika Sharma And Others on 16 March, 2021
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
FAO No. 270 of 2020
Decided on: March 16, 2021
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____________________________________________________________
Dera Baba Nanak Bus Service (Regd.)
.........Appellant
Versus
Smt. Monika Sharma and others
...Respondents
____________________________________________________________
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting1?
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For the appellant Mr. Neeraj Gupta, Senior Advocate
with Ms. Rinki Kashmiri, Advocate.
For the respondents: Mr. Bhupender Pathania, Advocate, for
respondent No.2.
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Sandeep Sharma, J. (Oral)
CMP No. 976 of 2021
By way of instant application filed under Order XXIII,
rule 1 read with S.151 CPC, prayer has been made on behalf
of appellant to dispose of the main appeal on the basis of
amicable settlement arrived inter se parties. It has been
averred in the application that during the pendency of the
appeal, appellant and respondent No. 1 have entered into
compromise, whereby respondent No. 1, Ms. Monika Sharma
has agreed to settle her claim for Rs.5.00 Lakh, against the
Whether reporters of the Local papers are allowed to see the judgment? .
total amount of Rs.10,70,542/- awarded by learned Tribunal
below in claim petition No. 102/2016. Further perusal of the
.
averments contained in the application as well as documents
i.e. compromise annexed therewith, clearly reveals that in
terms of aforesaid agreement, Rs.5.00 Lakh stands deposited
in the saving bank account of respondent No.1. Para-6 of the
compromise placed on record further reveals that though
respondent No.1 has agreed for disposal of the appeal filed by
the appellant in terms of aforesaid compromise but on
account of compelling circumstances, she was not able to
come present in the Court on the date fixed by this Court,
but otherwise also, since respondents Nos. 1 and 3 have not
put in appearance, they are proceeded against ex parte in the
main appeal.
2. Having carefully perused the compromise placed
on record coupled with the fact that a sum of Rs.5.00 Lakh
has been credited into saving bank account of respondent
No.1, this Court sees no impediment in accepting the prayer
made in the present application and the same is accordingly
allowed. Compromise annexed with the application is taken
on record and made part of main file. Application stands
disposed of.
FAO No. 270 of 2020
3. Respondents Nos. 1 and 3, though served, have
.
not put in appearance before this Court, as such, they are
ordered to be proceeded against ex parte.
4. By way of instant appeal, filed under S.173 of the
Motor Vehicles Act, challenge has been laid to Award dated
7.1.2020 passed by learned Motor Accident Claims Tribunal,
Una, district Una, Himachal Pradesh in M.A.C. Petition No.
102/2016 (CNR No. HPU010018842016), whereby learned
Tribunal below, while allowing the claim petition having been
filed by respondent No. 1, saddled the appellant with the
liability to pay compensation to respondent No.1, to the tune
of Rs.10,70,542/-. Before the appeal at hand could be heard
and decided on merit, parties to the lis i.e. appellant and
respondent No.1, have entered into amicable settlement,
whereby respondent No.1 has agreed to settle her claim for
Rs.5.00 Lakh. Compromise arrived inter se parties has
already been taken on record in the application (supra).
5. Consequently, in view of aforesaid amicable
settlement arrived inter se parties, Award dated 7.1.2020
passed by learned Tribunal below is modified to the extent
that respondent No.1 shall be entitled to a sum of Rs.5.00
Lakh in place of Rs.10,70,542/-, which stands already paid
to respondent No.1, as has been taken note herein above.
.
Appeal stands disposed of alongwith all pending applications.
(Sandeep Sharma)
Judge
March 16, 2021
(Vikrant)
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