AO/257/2016
2023 Latest Caselaw 2612 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                    COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures
                                      AO No. 257 of 2016
                                      Hon'ble Vivek Bharti Sharma, J.

Mr. Tarun Pande, proxy counsel for Mr. Prabhat Pande, counsel for the appellant/Insurance Company.

Mr. Lokendra Dobhal, counsel for the respondent nos. 1 to 4/claimants.

Mr. M. S. Bhandari, counsel for the respondent nos. 5 & 6.

2. Counsel for the appellant would submit that the impugned award is assailed on the ground that the Tribunal has awarded the amount on higher side under the heads of loss of consortium, loss of estate, funeral expenses and future prospects also, however, in view of the judgment of 'National Insurance Company Ltd. vs. Pranay Sethi & Another, (2017) 16 SCC 680' he is not pressing the awarded amount under the head of future prospects being awarded by the Tribunal.

He would further submit that if the counsel for the respondent nos. 1 to 4/claimants agree to the settlement in terms of the judgment of 'Pranay Sethi' (supra) on the point of loss of consortium, loss of estate and funeral expenses there is possibility of amicable settlement between the parties, therefore, the case may be referred for mediation.

3. Counsel for the respondent nos. 1 to 4/claimants agree to the same.

4. In view of the above, the parties are directed to appear before Registrar (Protocol) Mediation Centre, High Court of Uttarakhand for mediation on 21.09.2023 at 04:14 PM. The Mediator shall file report by 26.09.2023 before the Court.

5. Counsel for the parties shall instruct the parties to the proceedings accordingly.

6. List this matter on 27.09.2023.

(Vivek Bharti Sharma, J.) 04.09.2023 Akash