228

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CM-186-CII-2021 and

FAO-4841-2015 (O&M)

Date of decision : January 18, 2021

HEMANT

..... Appellant

Versus

LAL SINGH AND ORS

.....Respondents

CORAM:- HON'BLE MRS. JUSTICE LISA GILL

Present:

Mr. Rajbir Singh, Advocate for the applicant-respondent No. 3.

Ms. Garima Sharma, Advocate for the appellant.

***

LISA GILL, J.

This matter is being taken up for hearing through video conferencing

due to outbreak of the pandemic, COVID-19.

Prayer in CM-186-CII-2021 is for preponement of hearing of the

matter, which is listed for 07.04.2021.

It is submitted that the matter has been amicably resolved between the

parties.

Learned counsel for the non-applicant/appellant verifies the factum of

settlement between the parties.

Keeping in view the specific stand of the parties, hearing of the appeal

is preponed from 07.04.2021 for today itself.

This appeal has been filed by the claimant – appellant seeking

enhancement of compensation awarded to him by the learned MACT, Bhiwani,

vide award dated 22.07.2014, on account of injuries suffered by him in a motor

vehicle accident. Sum of Rs.1,79,000/- has been awarded by the learned Tribunal.

It is submitted that during pendency of this appeal, in which notice is

yet to be issued, the matter has been amicably resolved by way of an oral

settlement. Consent of the appellant to the settlement has been conveyed to the

insurance company by his counsel vide letter dated 21.12.2020, on specific

RITU SHARMA

2021.01.21 14:35

I attest to the accuracy and

integrity of this document

CM-186-CII-2021 and

FAO-4841-2015 (O&M)

-2-

instructions. It is agreed between the appellant and insurance company that a sum

of Rs.2,75,000/- over and above the amount awarded by learned MACT, Bhiwani

vide impugned award dated 22.07.2014, would be handed over to the appellant.

Learned counsel for the appellant submits that he has specific

instructions from the appellant to accept the counter offer of the proposal of

settlement. The appellant agrees to accept a sum of Rs.2,75,000/- over and above

the amount awarded by the learned MACT, Bhiwani on account of injuries

suffered by the appellant in the accident in question as full and final settlement of

his claim. A photocopy of communication dated 21.12.2020 of the counsel for the

appellant is attached as annexure A1 and photocopy of the Account Payee

Cheque, dated 24.12.2020 of Rs. 2,75,000/- in favour of the appellant is attached

as Annexure A2. The same are taken on record subject to just exceptions.

Affidavit dated 16.01.2021 of the appellant has been circulated on the

Whatsapp group created for the purpose of video conferencing today. The same be

filed in the Registry within one week. Print out of the same be also attached with

this appeal.

Learned counsel for the insurance company submits that abovesaid

cheque of Rs.2,75,000/- shall be handed over to the appellant/his counsel within

two days.

Keeping in view the facts and circumstances as above, application is

allowed and this appeal is disposed of in terms of settlement arrived at between the

parties. Needless to say, appellant is at liberty to move appropriate application in

this appeal, in case the cheque is not encashed.

(Lisa Gill)

January 18, 2021

Judge

rts

Whether speaking/reasoned :

Yes/No

Whether reportable

:

Yes/No

RITU SHARMA

2021.01.21 14:35

I attest to the accuracy and

integrity of this document