New India Assurance Co. Ltd vs Mohd Shafi And Ors
2021 Latest Caselaw 536 j&K

                                                                    S. No. 369
             HIGH COURT OF JAMMU AND KASHMIR
                            AT JAMMU
                                 (Through virtual mode)


                                              Mac App No. 137/2020
                                              CM No. 4849/2020

New India Assurance Co. ltd.                          ...Appellant/Petitioner(s)

                Through :- Mr. Jugal Kishore Gupta, Advocate
              v/s <




Mohd Shafi and ors.
't
                                                      .....Respondent (s)

                 Through :- Mr. Syed Tayoub Bukhari, Advocate
Coram:       HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                      ORDER

29.04.2021

The appellant-Insurance Company being aggrieved by the award dated

13.07.2020 passed by the Motor Accident Claims Tribunal, Doda in claim petition

No. 146/claim/2016 titled, Mohd Shafi and others vs. the New India Assurance Co.

ltd, by virtue of which a sum of Rs. 31,71,600 along with interest @ 7% per annum

has been awarded in favour of the respondents, has preferred the present appeal.

During the course of hearing, learned counsel for the parties submit that

the parties have reached to an amicable settlement of the claim and the respondents

have agreed to receive Rs. 25 lacs in total as full and final settlement of the claim

lodged by them for grant of compensation.

Mr. Syed Tayoub Bukhari, learned counsel for the respondents submit that the

respondents have agreed to receive a sum of Rs. 25 lacs in total as full and final

settlement of their claim and he has been instructed by the respondents to make such

a statement. His statement is taken on record.

In view of the settlement arrived at between the parties, award dated

13.07.2020 is modified to the extent that a sum of Rs. 25 lacs shall be payable to the

respondents as full and final settlement of their claim. The same shall be released in

favour of the minor respondents strictly in accordance with manner as provided in

the impugned judgment/award. Excess amount, if any, shall be returned to

appellant-insurance company.

Disposed of.

(RAJNESH OSWAL) JUDGE JAMMU 29.04.2021 Karam Chand