CM-10841-CII-2020 in

1

FAO-3092-2013 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH

CM-10841-CII-2020 in

FAO-3092-2013 (O&M)

Date of Decision: February 17, 2021

ABHISHEK

...... APPELLANT(s)

Versus

M/S MOHAN TRACTORS PVT. LTD. AND ANOTHER

..... RESPONDENT(s)

CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Ajay Kumar Kansal, Advocate

for the non-applicant/appellant.

Mr. Rajbir Singh, Advocate

for applicant-respondent no.2-insurance company.

***

LISA GILL, J.

This matter is being taken up for hearing through video

conferencing due to the outbreak of pandemic, COVID-19.

Prayer in the application, CM-10481-CII-2020 is for listing of

the appeal and its disposal in terms of the oral compromise arrived at

between the appellant/claimant and respondent no.2-insurance company. It

is submitted that the matter has been amicably resolved between the parties.

Learned counsel for the appellant as well as insurance company

verify the factum of settlement between the parties.

Keeping in view the specific stand of the parties and at their

joint request, main appeal, which was admitted on 04.09.2013, is taken on

Board for hearing, today itself.

SUNIL

2021.02.18 17:24

I attest to the accuracy and

integrity of this document

CM-10841-CII-2020 in

2

FAO-3092-2013 (O&M)

This appeal has been filed by the claimant – appellant seeking

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

Jind, vide award dated 14.12.2012, on account of injuries received by

appellant in a motor vehicle accident. Compensation of Rs.18,000/- has been

awarded to the appellant by the learned Tribunal.

It is submitted that during pendency of this appeal, matter has

been amicably resolved by way of an oral settlement. It is agreed between

the appellant and insurance company that a sum of Rs.1,30,000/- over and

above the amount awarded by learned MACT, Jind vide impugned award

dated 14.12.2012, would be paid to appellant by way of account payee

cheque.

Learned counsel for the appellant submits that he has specific

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

settlement. The appellant has agreed to accept a sum of Rs.1,30,000/- over

and above the amount awarded by the learned MACT, Jind on account of

injuries received by the appellant in the accident in question as full and final

settlement of his claim. Affidavit dated 08.02.2021 of the appellant in this

regard is on record.

Learned counsel for the insurance company submits that

amount of Rs.1,30,000/- shall be paid to the appellant through account payee

cheque within one week. Photocopy of the letter (Annexure A-1) regarding

settlement of claim from Mr. Ajay Kumar Kansal, Advocate, counsel for the

appellant and photocopy of cheque (Annexure A-2) are annexed along with

the application.

SUNIL

2021.02.18 17:24

I attest to the accuracy and

integrity of this document

CM-10841-CII-2020 in

3

FAO-3092-2013 (O&M)

Keeping in view the facts and circumstances as above,

application is allowed and the main 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 received/encashed.

17.02.2021

(LISA GILL)

Sunil

JUDGE

Whether speaking/reasoned:

Yes/No

Whether reportable:

Yes/No

SUNIL

2021.02.18 17:24

I attest to the accuracy and

integrity of this document