Dera Baba Nanak Bus Service (Regd.) vs Monika Sharma And Others

Sandeep Sharma, J

CMP No. 976 of 2021

By way of instant application filed under Order XXIII, rule 1 read with S.151 CPC, prayer has been made on behalf of appellant to dispose of the main appeal on the basis of amicable settlement arrived inter se parties. It has been averred in the application that during the pendency of the appeal, appellant and respondent No. 1 have entered into compromise, whereby respondent No. 1, Ms. Monika Sharma has agreed to settle her claim for Rs.5.00 Lakh, against the total amount of Rs.10,70,542/- awarded by learned Tribunal below in claim petition No. 102/2016. Further perusal of the averments contained in the application as well as documents i.e. compromise annexed therewith, clearly reveals that in terms of aforesaid agreement, Rs.5.00 Lakh stands deposited in the saving bank account of respondent No.1. Para-6 of the compromise placed on record further reveals that though respondent No.1 has agreed for disposal of the appeal filed by the appellant in terms of aforesaid compromise but on account of compelling circumstances, she was not able to come present in the Court on the date fixed by this Court, but otherwise also, since respondents Nos. 1 and 3 have not put in appearance, they are proceeded against ex parte in the main appeal.

Having carefully perused the compromise placed on record coupled with the fact that a sum of Rs.5.00 Lakh has been credited into saving bank account of respondent No.1, this Court sees no impediment in accepting the prayer made in the present application and the same is accordingly allowed. Compromise annexed with the application is taken on record and made part of main file. Application stands disposed of.

FAO No. 270 of 2020

Respondents Nos. 1 and 3, though served, have not put in appearance before this Court, as such, they are ordered to be proceeded against ex parte.

By way of instant appeal, filed under S.173 of the Motor Vehicles Act, challenge has been laid to Award dated 7.1.2020 passed by learned Motor Accident Claims Tribunal, Una, district Una, Himachal Pradesh in M.A.C. Petition No. 102/2016 (CNR No. HPU010018842016), whereby learned Tribunal below, while allowing the claim petition having been filed by respondent No. 1, saddled the appellant with the liability to pay compensation to respondent No.1, to the tune of Rs.10,70,542/-. Before the appeal at hand could be heard and decided on merit, parties to the lis i.e. appellant and respondent No.1, have entered into amicable settlement, whereby respondent No.1 has agreed to settle her claim for Rs.5.00 Lakh. Compromise arrived inter se parties has already been taken on record in the application (supra).

Consequently, in view of aforesaid amicable settlement arrived inter se parties, Award dated 7.1.2020 passed by learned Tribunal below is modified to the extent that respondent No.1 shall be entitled to a sum of Rs.5.00 Lakh in place of Rs.10,70,542/-, which stands already paid to respondent No.1, as has been taken note herein above. Appeal stands disposed of alongwith all pending applications.