CM-464-CII-2021 in/and

1

FAO-189-2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH

CM-464-CII-2021 in/and

FAO-189-2016 (O&M)

Date of Decision: January 21, 2021

UMED SINGH (SINCE DECEASED) THROUGH LRS RAJENDERI @

JANTA AND ANOTHER

...... APPELLANT(s)

Versus

HAMID AND OTHERS

..... RESPONDENT(s)

CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Rajbir Singh, Advocate

for applicant-respondent no.3-insurance company.

Mr. Yash Dev Kaushik, Advocate

for the non-applicant/appellants.

***

LISA GILL, J.

This matter is being taken up for hearing through video

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

Prayer in CM-464-CII-2021 is for listing of the appeal and its

disposal in terms of the compromise arrived at between the appellants and

respondent no.3-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 11.10.2018, is taken on

Board for hearing, today itself.

OMKAR SINGH

2021.01.22 17:51

I attest to the accuracy and

integrity of this document

CM-464-CII-2021 in/and

2

FAO-189-2016 (O&M)

For the reasons mentioned in the application (CM-379-CII-2016),

supported by an affidavit of the applicant, same is allowed as prayed for. Delay

of 29 days in filing the present appeal is condoned. Application is accordingly

disposed of.

This appeal has been filed by legal heirs of claimant – Umed

Singh (since deceased), seeking enhancement of compensation awarded to

the claimant by learned MACT, Faridabad vide award dated 28.07.2015, on

account of injuries received by claimant in a motor vehicle accident. A sum

of Rs.1,14,150/- has been awarded to the legal heirs of the claimant 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.1,50,000/- over and

above the amount awarded by learned MACT, Faridabad vide impugned

award dated 28.07.2015, would be paid to both the appellants i.e. legal heirs

of claimant – Umed Singh, in equal share by way of account payee cheques.

Learned counsel for the appellants 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.1,50,000/- over

and above the amount awarded by the learned MACT, Faridabad on account

of injuries received by the clamant – Umed Singh (since deceased) in the

accident in question as full and final settlement of their claim.

Learned counsel for the insurance company submits that

amount of Rs.1,50,000/- shall be paid to the appellants through two account

payee cheques of Rs.75,000/- each, within one week. Photocopy of the letter

OMKAR SINGH

2021.01.22 17:51

I attest to the accuracy and

integrity of this document

CM-464-CII-2021 in/and

3

FAO-189-2016 (O&M)

(Annexure A-1) regarding settlement of claim from Mr. Yash Dev Kaushik,

Advocate, counsel for the appellants is annexed along with the application.

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, appellants are at liberty to move appropriate

application in this appeal, in case the cheques are not received/encashed. A

copy of this order be conveyed to the appellants at the address available on

the file.

21.01.2021

(LISA GILL)