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Radha Devi And Others vs Ashok Kumar And Others

High Court Of Himachal Pradesh · Decided on 8 May 2023 · Citation: (2023) 05 SHI CK 0024

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
First Appeal Order No. 598 Of 2016
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Judgment

9 paragraphs · 334 words

Ajay Mohan Goel, J

1.

By way of this appeal, the appellants/claimants seek enhancement of the compensation amount, as stands awarded in their favour by learned Motor Accident Claims Tribunal-II, Sirmaur District at Nahan, H.P. in MAC Petition No. 7-S/2 of 2014, titled as Smt. Radha Devi and another vs. Sh. Ashok Kumar and another.

2.

Today, when the case was taken up for consideration, learned Counsel for the parties apprise the Court that now the parties have agreed to settle the matter intra them and in terms of the settlement arrived at, the Insurance Company has agreed to pay over and above the compensation already awarded, an amount of Rs. 8.00 Lac as full and final settlement, which will be inclusive of everything.

3.

Learned Counsel for the respondent-Insurance Company has, on instructions, submitted that in this view of the matter, the present appeal can be disposed of by modifying the award passed by learned Tribunal.

4.

Learned Senior Counsel for the appellants also submits that offer made by the Insurance Company is acceptable to the appellant and present appeal be disposed of by modifying the award passed by learned Tribunal to the extent that over and above the award amount, the claimants shall be paid an amount of Rs. 8.00 Lac by the Insurance Company as full and final settlement, which shall be inclusive of everything.

5.

Having heard learned Counsel for the parties, this appeal is being disposed of in the following terms:-

“The respondent-Insurance Company shall pay an additional amount of Rs.8.00 Lac over and above the award passed by learned Tribunal which shall be inclusive of everything.”

6.

Let this amount of Rs.8.00 Lac be deposited by the Insurance Company with the Registry of this Court within a period of six weeks and thereafter, this amount be released in favour of the present appellants, in terms of their respective shares determined by learned Tribunal.

The appeal stands disposed of in above terms, so also, pending miscellaneous application(s), if any.