FAO-5693-2010 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CM-5097-CII-2010 in/and

FAO-5693-2010 (O&M)

Date of Decision:-05.07.2021.

Bijender and others

.....Appellants

Versus

Balbir Singh and others

......Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

****

Present:

Mr. P.S. Sullar, Advocate for

Mr. A.S. Sullar, Advocate for the appellants.

Mr. Rajbir Singh, Advocate for applicant/respondent No.4-

Insurance Company.

(Presence marked through Video Conference).

****

VIKAS BAHL, J. (Oral)

CM-5097-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.4 (inadvertently mentioned as 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

SANDEEP SETHI

2021.07.06 16:23

I attest to the accuracy and

integrity of this document

FAO-5693-2010 (O&M)

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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 Company has made offer to the

claimant counsel for settlement of the case and an amount of ` 3,25,000/-

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. P.S.

Sullar, counsel for the appellant-claimants has written to the Manager-

respondent No.4 and has stated that on instructions from his client, they are

accepting the proposed enhanced compensation of ` 3,25,000/- as full and

final settlement of claim in the aforesaid appeal on behalf of the appellants.

A prayer has been made to issue the cheques/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.4 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 claimants 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

SANDEEP SETHI

2021.07.06 16:23

I attest to the accuracy and

integrity of this document

FAO-5693-2010 (O&M)

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taken up on Board for hearing today itself.

CM stands disposed of.

CM-24991-CII-2010

This is an application for condonation of delay of 294 days in

re-filing the appeal.

For the reasons stated in the application and also since the

matter is being compromised, the delay in re-filing the appeal is hereby

condoned.

CM stands disposed of.

CM-24990-CII-2010

This is an application for condonation of delay of 52 days in

filing the appeal.

For the reasons stated in the application and also since the

matter is being compromised, the delay in filing the appeal is hereby

condoned.

CM stands disposed of.

FAO-5693-2010

This Court has seen the averments made in the application as

well as the documents attached along with the same by the learned counsel

for the 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

SANDEEP SETHI

2021.07.06 16:23

I attest to the accuracy and

integrity of this document

FAO-5693-2010 (O&M)

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by the appellants themselves b