Punjab-Haryana High Court
(O&M;) Mamta Rani Etc vs Joginder Kumar Etc on 22 November, 2019
Author: Jaswant Singh
Bench: Jaswant Singh
101
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CM No. 19793-CII of 2019 in/and
FAO No. 3830 of 2012 (O&M)
Date of Decision: 22.11.2019
Smt. Mamta Rani and others
.......... Appellants
Versus
Joginder Kumar and others
......... Respondents
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Ms. Sonia Singh, Advocate for
Mr. Sanjeev Goyal, Advocate for the applicant /
respondent No. 3-Shri Ram General Insurance Company Ltd.
Mr. R.C. Gupta, Advocate
for the non-applicants/appellants-claimants.
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JASWANT SINGH, J. (ORAL)
[1] Appellants-claimants, five (05) in number, namely, Smt. Mamta Rani / appellant No. 1 (widow of deceased-Rishipal) Deepanshu @ Daljit Saini / appellant No. 2 (son of the deceased), Siya Rani / appellant No. 3 (daughter of the deceased), Smt. Roshni Devi / appellant No. 4 (mother of the deceased) and Joginder Lal / appellant No. 5 (father of the deceased), have filed the present appeal, seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Panchkula (in short 'the Tribunal') vide its Award dated 14.03.2012. [2] The claim petition was instituted on 11.03.2010 by the appellants-claimants on account of death of Sh. Rishipal, aged about 27 years, in a motor vehicular accident, which took place in the intervening night of 12/13.12.2009. The Tribunal had party allowed the claim petition 1 of 3 ::: Downloaded on - 09-12-2019 05:39:45 ::: CM No. 19793-CII of 2019 in/and FAO No. 3830 of 2012 (O&M) -2- with award of compensation of ` 5,75,500/- (Five Lacs Seventy-Five Thousand Five Hundred only) alongwith interest @ 6% per annum in respect of claimant/appellant Nos. 1 to 3 (widow, son and daughter of the deceased, respectively), while dismissing the claim petition qua claimant/appellant Nos. 4 & 5 (mother & father of the deceased, respectively).
[3] Main appeal stands 'Admitted' vide order dated 12.10.2012 passed by this Court, while issuing notice only to respondent No. 3-Shri Ram General Insurance Company Ltd.
[4] Today, learned counsel for the applicants-respondent No. 3 has moved an application bearing CM No. 19793-CII of 2019 for preponing the matter/main case, as also to dispose of the same in terms of the compromise, wherein the applicant-Insurance Company has agreed to pay a sum of ` 5,50,000/- (Five Lacs Fifty Thousand only) to the appellants-claimants over and above the compensation, already paid, as full and final settlement of the Award.
[5] Notice of the aforesaid application. [6] Mr. R.C. Gupta, Advocate, accepts notice on behalf of the non-applicants/appellants and concedes the contents of the
application/compromise entered between the parties, and states that he has no objection to dispose of the main case in view of the compromise, by preponing the case for today itself.
A copy of the application stood supplied to the counsel for non-applicants/appellants under his signature on 18.09.2019.
2 of 3 ::: Downloaded on - 09-12-2019 05:39:46 ::: CM No. 19793-CII of 2019 in/and FAO No. 3830 of 2012 (O&M) -3- [7] In view of above, present application is allowed; hearing of main case/appeal is preponed and taken up today itself, which, in terms of the compromise as above, stands dismissed as infructuous.
November 22, 2019 ( JASWANT SINGH )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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