Company Limited vs Kalsi Devi Thapa & Others
2023 Latest Caselaw 5833 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                           .

                                                      FAO (MVA) No.345 of 2018
                                                      Decided on: 15.05.2023

    ICICI Lombard General Insurance





    Company Limited                                           ....Appellant

                      Versus
    Kalsi Devi Thapa & others                                .... Respondents.





    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.

    Whether approved for reporting?1

    For the appellant :                      Mr. Jagdish Thakur, Advocate.

    For the Respondents               :      Mr. Raman Sethi Advocate, for
                                             respondents No.1 to 5.
                                             None for remaining respondents.



    Ajay Mohan Goel, Judge (Oral)

The case has been listed today on a joint mention so

made by learned counsel for the parties, in terms whereof, the

Courts stands informed that the matter stands amicably settled

between the parties and as agreed, in all, a lump sum

compensation of Rs.10,00,000/­ shall be paid by the appellant/

Insurance Company to the claimants and the same shall be

inclusive of every thing.

2. Accordingly, as jointly prayed for, this appeal is

disposed of, with the direction that the claim petition preferred by

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

the claimants shall be satisfied by the Insurance Company by

paying the claimants an amount of Rs.10,00,000/­in all, which

.

shall be inclusive of every thing. The disbursement of the amount

shall be in terms of the share determined by learned Tribunal. The

award passed by learned Tribunal, which is subject matter of the

present appeal, is also modified to the said extent. The amount of

Rs.10,00,000/­, now, as prayed for, be released in favour of the

claimants as per their respective shares and the excess amount, if

any, be refunded back to the Insurance Company and the same be

done in the respective accounts of the Insurance Company as well

as the claimants, details of which shall be provided by learned

counsel for the parties. It goes without saying that the share of the

minor will not be released.

3. Pending miscellaneous applications, if any, also stand

disposed of. Interim order, if any, stands vacated.

(Ajay Mohan Goel) Judge May 15, 2023 (Rishi)