CM-10857-CII-2020 in

1

FAO-3097-2013 (O&M)

CM-10857-CII-2020 in

FAO-3097-2013 (O&M)

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Present:

Mr. Ajay Kumar Kansal, Advocate

for the non-applicants/appellants.

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-10857-CII-2020, is for listing of

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

appellants/claimants and respondent no.2-insurance company. It is submitted

that the matter has been amicably resolved between the parties.

Learned counsel for the appellants 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-10857-CII-2020 in

2

FAO-3097-2013 (O&M)

This appeal has been filed by the claimants 3 appellants seeking

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

Jind, vide award dated 14.12.2012, on account of death of their child in a

motor vehicle accident. Compensation of Rs.2 lacs has been awarded to the

appellants 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 appellants and insurance company that a sum of Rs.3,30,000/- 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 appellants to accept counter offer of the proposal of

settlement. The appellants have agreed to accept a sum of Rs.3,30,000/- over

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

death of their son in the accident in question as full and final settlement of

her claim. Affidavits dated 08.02.2021 of both the appellants in regard to

settlement are on record. Appellant no.2, it is submitted has no objection if

the cheque is in favour of his wife, appellant no.1.

Learned counsel for the insurance company submits that

amount of Rs.3,30,000/- shall be paid to appellant no.1 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 appellants 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-10857-CII-2020 in

3

FAO-3097-2013 (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, appellants are at liberty to move appropriate

application in this appeal, in case the cheque is not received/encashed.

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SUNIL

2021.02.18 17:24

I attest to the accuracy and

integrity of this document