United India Insurance Company Ltd vs Munni And Others

Alok Kumar Verma, J

The proposed Appeal under Section 173 of the Motor vehicles Act, 1988 has been filed along with an Application to condone the delay of 32 days.

Heard Mr. Naresh Pant (through video conferencing), learned counsel for the appellant and Mr. Mayank Pandey, learned counsel for the respondents-claimants on the Delay Condonation Application (IA No.1 of 2023).

The Delay Condonation Application (IA No.1 of 2023) has not been opposed by Mr. Mayank Pandey, Advocate.

The Delay Condonation Application (IA No.1 of 2023) is allowed. The delay is condoned.

Admit.

Learned Motor Accident Claims Tribunal / District Judge, Udham Singh Nagar has awarded a total sum of Rs.8,11,000/- as compensation in Motor Accident Claim Petition No.209 of 2020.

Mr. Naresh Pant, Advocate submitted that the entire amount has been deposited before the concerned Tribunal.

Mr. Mayank Pandey, Advocate has filed a Miscellaneous Application (IA No.5 of 2024). He submitted that the respondents-claimants are ready to settle the dispute by accepting an award of Rs.5,00,000/- (Rupees Five Lakh).

The said submission has not been opposed by Mr. Naresh Pant, Advocate.

With the consent of both the parties, the present Appeal (AO No. 299 of 2023) is disposed of with the direction to the concerned Tribunal to release Rs.5,00,000/- (Rupees Five Lakh) in favour of the respondents-claimants and return the remaining amount to the appellant, in accordance with law.

The impugned Award dated 31.03.2023, passed in Motor Accident Claim Petition No.209 of 2020, “Smt. Munni and Others Vs. United India Insurance Company and Another”, is modified accordingly.

Registry is directed to release Rs.25,000/- (Rupees Twenty Five Thousand) to the appellant.