Smt. Radha Devi And Others vs Sh. Ashok Kumar And Others
2023 Latest Caselaw 5234 HP

              IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                                                             FAO No. 598 of 2016
                                                             Decided on: 08.05.2023




                                                                               .

    Smt. Radha Devi and others                                              ....Appellants

                  Versus





    Sh. Ashok Kumar and others                                            ...Respondents
    Coram
    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





    Whether approved for reporting?1
    For the appellant   :    Mr. Tek Chand Sharma, Advocate.

    For the respondents            :
                             Mr. Ravi Shankar Sood, Advocate, for
                          r  respondent No. 1.
                        :    Mr. Deepak Bhasin, Senior Advocate

                             with Mr. Sambhav Bhasin, Advocate
                             for respondent No. 2.
    Ajay Mohan Goel, Judge (Oral)

By way of this appeal, the appellants/claimants seek

enhancement of the compensation amount, as stands awarded in

their favour by learned Motor Accident Claims Tribunal-II, Sirmaur

District at Nahan, H.P. in MAC Petition No. 7-S/2 of 2014, titled as

Smt. Radha Devi and another vs. Sh. Ashok Kumar and another.

2. Today, when the case was taken up for consideration,

learned Counsel for the parties apprise the Court that now the

parties have agreed to settle the matter intra them and in terms of

the settlement arrived at, the Insurance Company has agreed to

pay over and above the compensation already awarded, an amount

1 Whether reporters of the local papers may be allowed to see the judgment?

of Rs. 8.00 Lac as full and final settlement, which will be inclusive

of everything.

.

3. Learned Counsel for the respondent-Insurance

Company has, on instructions, submitted that in this view of the

matter, the present appeal can be disposed of by modifying the

award passed by learned Tribunal.

4. Learned Senior Counsel for the appellants also submits

that offer made by the Insurance Company is acceptable to the

appellant and present appeal be disposed of by modifying the

award passed by learned Tribunal to the extent that over and

above the award amount, the claimants shall be paid an amount of

Rs. 8.00 Lac by the Insurance Company as full and final

settlement, which shall be inclusive of everything.

5. Having heard learned Counsel for the parties, this

appeal is being disposed of in the following terms:-

"The respondent-Insurance Company shall pay an

additional amount of Rs.8.00 Lac over and above the

award passed by learned Tribunal which shall be

inclusive of everything."

6. Let this amount of Rs.8.00 Lac be deposited by the

Insurance Company with the Registry of this Court within a period

of six weeks and thereafter, this amount be released in favour of

the present appellants, in terms of their respective shares

determined by learned Tribunal.

.

The appeal stands disposed of in above terms, so also,

pending miscellaneous application(s), if any.

                                                       (Ajay Mohan Goel)
                                                              Judge
    May 08, 2023
       (narender)




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