Rajesh Chandra & Others vs Kajal Vishwas And Others

Alok Kumar Verma, J

Both these appeals are preferred against the Award dated 25.02.2012, passed by the Motor Accidents Claims Tribunal/Additional District Judge,

Rishikesh, District Dehradun in Claim Case No. 225 of 2006, Smt. Kajal Vishwash and others Vs. Ajay Raj Kumar and others, whereby the liability to

pay the compensation to the tune of Rs.4,52,000.00 along with the interest @ 6% per annum had been imposed on the appellants of both the appeals

equally.

When the matter came up for arguments, both the parties, appellant in Appeal No. 113 of 2012, registered owner and respondent nos. 1 to 5 and 8,

claimants, agreed for compromise in regard to settling the dispute for total compensation amount of Rs.5,00,000.00 (Rs.Five Lakh) after adjusting the

amount of Rs. Rs.1,50,000.00 deposited earlier by the appellant Rajesh Chandra before this High Court, which was remitted to the Claims Tribunal

concerned.

Today, at the Bar, the learned counsel for the appellant Rajesh Chandra filed an application with affidavit of this appellant and handed over a

Demand Draft of Rs.3,50,000.00 dated 28.02.2020, bearing No. 682597 of State Bank of India in favour of the respondent no. 1, wife of the deceased,

to the learned counsel for the respondent nos. 1 to 5 and 8.

After receiving the Demand Draft, the learned counsel for both the parties of both the appeals request to decide both the appeals in the light of the

settlement.

The learned counsel for the appellant Ajay Raj Kumar submits that Rs.25,000.00, which was deposited earlier before this High Court and remitted

to the concerned Tribunal, may be given to the respondent no. 8, father of the deceased, as compensation.

In the light of the request of both the parties, these both the appeals are decided accordingly.

On the request of the learned counsel for the respondent nos. 1 to 5 and 8, the respondent no. 1, wife of the deceased shall ensure that the

respondent no. 2, Km. Shefali, minor daughter shall get Rs.1,50,000.00 (Rs. One Lakh Fifty Thousand) out of the total compensation amount of

Rs.5,00,000.00+Rs.25,000.00, the respondent nos. 3 to 5, minor sons of the deceased shall get Rs.1,50,000.00 in equal proportion, the respondent no. 8,

father of the deceased shall get Rs.50,000.00 and remaining amount i.e. Rs.1,75,000.00 shall get by respondent no. 1, wife of the deceased.

The compensation amount of the minor children of the deceased shall be deposited by the respondent no. 1 in the Fixed Deposit in the separate

name of the minor children in any Nationalized or Scheduled Bank till the attainment of their majority.

The amount deposited by both the appellants shall be released in favour of the respondent no. 1, wife of the deceased within a period of one month

from today.