FAO-2890-2008 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CM-5110-CII-2021 in/and

FAO-2890-2008 (O&M)

Date of Decision:-05.07.2021.

Smt. Debo Devi and another

.....Appellants

Versus

Narinder Singh alias Sanjay and others

......Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

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Present:

Mr. Gaurav Chopra, Senior Advocate with

Mr. Vivek Chauhan, Advocate for the appellants.

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

Insurance Company.

(Presence marked through Video Conference)

****

VIKAS BAHL, J. (Oral)

CM-5110-CII-2021

The present application under Section 151 C.P.C. has been

moved for early hearing of the matter and disposing of the same in terms of

the compromise between the appellant-claimant and applicant-respondent

No.3. It has been stated in the application that the main case has been

admitted and during the pendency of the main case, the applicant-Insurance

Company has made an offer for settlement of the present case by way of

payment of enhanced compensation. It has also been stated that the

compromise has been entered into wherein the applicant-Insurance

SANDEEP SETHI

2021.07.06 16:23

I attest to the accuracy and

integrity of this document

FAO-2890-2008 (O&M)

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Company has made offer to the claimant counsel for settlement of the case

and an amount of ` 4,00,000/- over and above the compensation awarded by

the learned Tribunal has been agreed to be paid.

Reliance has also been placed upon a writing dated 23.03.2021

annexed as Annexure A-1. A perusal of the same would show that Sh.

Vivek Chuahan, counsel for the appellant-claimants has written to the

Manager- respondent No.3 and has stated that on instructions from his client

they are accepting the proposed enhanced compensation of ` 4,00,000/- as

full and final settlement of claim in the aforesaid appeal on behalf of the

appellant. A prayer has been made to issue the drafts in the name of the

appellants as detailed in the said Annexure. In the application, the drafts as

desired by the counsel for the claimants has also been annexed as Annexure

A-2.

Learned counsel for applicant-respondent No.3 has undertaken

to hand over the said drafts to the counsel for the claimants within two days

from today and has further stated that the said drafts would be honoured.

Counsel for the claimant is satisfied with the said statement. It is common

case of both the counsels that the amount which was awarded by the

Tribunal has already been paid to the claimants.

In view of the facts stated herein-above, the main appeal is

taken up on Board for hearing today itself.

CM stands disposed of.

FAO-2890-2008

SANDEEP SETHI

2021.07.06 16:23

I attest to the accuracy and

integrity of this document

FAO-2890-2008 (O&M)

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This Court has seen the averments made in the application as

well as the documents attached alongwith the same by the learned counsel

for Insurance Company. After considering all the said relevant facts, this

Court is satisfied that the compromise which has been effected is genuine

and bona fide and is for the benefit of the claimants and would help in

finally disposing of the matter. Although, there is no written compromise

by the appellants themselves but their counsel has signed the letter

Annexure A-1 and the authenticity of the said letter has not been disputed,

rather, its veracity has been affirmed even during the course of the

proceedings by the learned counsel, Sh. Vivek Chauhan.

In the present case, two affidavits of the two appellants Debo

Devi, appellant No.1 and Mohan Lal, appellant No.2 have been submitted to

this Court which are taken on record as Mark 'X' and Mark 'Y'. A perusal of

the said affidavits would show that it has been affirmed by both the

appellants that the matter has been compromised with the Insurance

Company for an amount of ` 4,00,000/- as full and final