Punjab-Haryana High Court
Shimla Devi And Others vs . Kuldeep And Others on 16 September, 2013
Daily Lok Adalat Bench No.1
F.A.O. No. 2178 of 2011
Shimla Devi and others vs. Kuldeep and others
Present: Mr. Aman Pal, Advocate
for the appellants.
Mr. Suvir Dewan, Advocate with
Mr. R.K.Wali, Manager and
Mr. Sunil Singh, A.O. for
National Insurance Co. Ltd.
(Hry. Region)
****
In this case Bhim Sain had met with a motor vehicular accident on 1.9.2009, and as a result of the injuries received by him he died. His widow and four minor children filed a claim petition before the MACT who has awarded a total sum of `3,76,767/- as compensation which included `32,767/- towards the medical expenses incurred on the treatment of Bhim Sain before his death. However, the MACT halved the amount as it held Bhim Sain himself to have contributed 50% negligence in causing the accident i.e. the claimants were awarded a total sum of `1,88,390/-.
Dissatisfied with the amount awarded, the claimants have come up in appeal.
For the purpose of this case learned counsel for the appellants stated that let the finding regarding contributory negligence be not touched. Learned counsel for the appellants submitted that if the total compensation is increased by `2,00,000/- over and above the compensation already awarded by the MACT and because of the negliegence it is halved i.e. the appellants are paid `1,00,000/- that will be in full and final settlement of the claim in this Bhatt Janki 2013.09.19 16:21 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O. No. 2178 of 2011 -2- appeal and in that eventuality his clients would give up their claim regarding interest on the enhanced amount from the date of filing of the petition before the MACT which is 8.10.2009.
As agreed, as per statements of the representatives of the Insurance Company and counsel for the appellants, (separately recorded today), a sum of `1,00,000/- (Rs.One Lac Only) more, over and above the amount awarded by the Tribunal is allowed to the appellants, in full and final settlement of the claim in this appeal. Two months' time is allowed to the Insurance Company to deposit the amount before the MACT concerned from today, failing which interest at the rate of 9% per annum shall follow on this amount from the date of this order. As per the statement of learned counsel for the appellants the enhanced amount would be paid to appellant No.1- Shimla Devi and would be disbursed to her in cash by the Motor Accident Claims Tribunal.
The appeal is disposed of accordingly, subject to all just exceptions available in favour of the respondent-Insurance Company.
Copy of the order be supplied/sent to the counsel/parties and file be returned to the High Court.
(R.S.MONGIA)
PRESIDENT
16.09.2013 (R.K.NEHRU)
Janki MEMBER
Bhatt Janki
2013.09.19 16:21
I attest to the accuracy and
integrity of this document
High Court Chandigarh