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Himachal Pradesh High Court

Icici Lombard vs Chakni & Ors on 21 July, 2023

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. 239/2015 Decided on: 21.07.2023 .

     ICICI Lombard                        ....appellant





                                           Versus
     Chakni & Ors.                                                ...respondents.





.......................................................................................... Coram Ms. Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1 For the appellant.


     For the respondents
                         r        :

: to Mr. Jagdish Thakur, Advocate.

Mr. Abhyendra Gupta, Advocate, for respondents No.1 and 2.

Mr. Nimish Gupta, Advocate, for respondent No.3.

Jyotsna Rewal Dua, J The insurer is in appeal against the award dated 27.02.2015 passed by learned Motor Accident Claims Tribunal Chamba Division Chamba.

2. During hearing of the case, learned counsel for the parties jointly submitted that the parties have reached upon a compromise in terms of which the appellant would be liable to pay an amount of Rs. 3,75,000/- to the claimants/respondents No.1 and 2 alongwith interest @ 7.5% from the date of filing of the claim petition till the date of deposit, whereafter payable interest shall be proportionate. Learned counsel jointly prayed for disposal of present 1 Whether reporters of the local papers may be allowed to see the judgment?

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appeal on the basis of above compromise.Their statements are taken on record.

.

This appeal is accordingly disposed of in terms of above statements of learned counsel for the parties. The impugned award shall stand modified to that extent whereby the appellant would be liable to pay an amount of Rs.3,75,000/- to the claimants-respondents No.1 and 2 alongwith interest @ 7.5% from the date of filing of the claim petition till the date of deposit whereafter proportionate interest shall be payable. Ordered accordingly. The Registry is directed to release the remaining amount alongwith interest accrued thereupon in favour of the appellant by remitting the same in its bank account, particulars whereof be submitted by learned counsel for the appellant within a week. Pending application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua Judge 21st July 2023 (Rohit) ::: Downloaded on - 22/07/2023 20:37:44 :::CIS