ORIENTAL INSURANCE COMPANY vs MINAKSHI DEVI

High Court of H.P.

1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 4th DAY OF APRIL, 2022 BEFORE HON’BLE MR.

JUSTICE AJAY MOHAN GOEL FIRST APPEAL FROM ORDER No.

281 OF 2021 Between:- ORIENTAL INSURANCE COMPANY LTD.

DIVISIONAL OFFICE, MYTHE ESTATE, KAITHU, SHIMLA-3 THROUGH ITS SENIOR DIVISIONAL MANAGER. ……….APPELLANT (BY DR.

LALIT KUMAR SHARMA, ADVOCATE) AND 1.

SMT.

MINAKSHI DEVI W/O LATE SH.

PARDEEP KUMAR.

2.

SH.

CHAMAN LAL S/O SH.

HOSHIAR SINGH, 3.

HOSHIAR SINGH S/O DAYA RAM, 4.

KUMARI DIKSHA CHANDEL DAUGHTER OF SH.

CHAMAN LAL, ALL RESIDENTS OF VILLAGE PUKHSRU-BANGARH, TEHSIL AND DISTRICT UNA, H.P.

5.

KULDEEP KUMAR S/O SH.

KAUR CHAND RESIDENT OF VILLAGE RASINKHA, P.O.

SEHORPAIN, TEHSIL JAWALA MUKHI JI, DISTT.

KANGRA, H.P. (DRIVER OF CAR NO.

PB-1A-8638) 6.

VIJAY KUMAR CHAUDHARY SON OF SHIV DAYAL CHAUDHARY, 1834/3 HOUSEFED COMPLEX NEAR PCA STADIUM, PHASE-10, MOHALI (PB) (OWNER OF CAR NO.

PB-1A-8638) ::: Downloaded on - 10/06/2023 19:24:47 :::CIS High Court of H.P.

2 .…….RESPONDENTS (BY MR.

DHEERAJ K.

VASHISHT, ADVOCATE FOR RESPONDENT NO.

1;) _______________________________________ Whether approved for reporting: No This petition coming on for orders this day, the Court delivered the following:- J U D G E M E N T By way of this appeal, the appellant-Insurance Company assailed the award passed by the Court of learned Motor Accident Claims Tribunal, Una, in MAC petition No.

73 of 2016, titled as Meenakshi Devi and others vs.

Kuldeep Kumar and others, dated 24.07.2018, in terms whereof the claim petition filed by the claimants therein stood decided by learned Tribunal in the following terms:- “As a result of my findings on all the issues above, the instant claim petition is partly allowed.

The petitioner No.

1 is awarded compensation of Rs.24,38,000/- alongwith interest at the rate of 9% per annum from the date of filing of this petition i.e.

22.07.2016 till payment, to be paid by respondent No.

3. ent No.

3.

The amount of interim compensation, if paid, earlier under Section 140 of the M.V.

Act shall be adjusted in the final Award.

On deposit, 50% amount is ordered to be released in favour ::: Downloaded on - 10/06/2023 19:24:47 :::CIS High Court of H.P.

3 of petitioner No.

1 through her bank account and remaining amount be invested in FDR for three years with some nationalized bank.” 2.

During the hearing of the present appeal, on 30.03.2022, the following order was passed by the Court:- “On the request of learned Counsel for the parties, the appeal was taken up for final consideration today itself.

The appellant-Insurance Company is aggrieved by the award, which has been passed by learned Motor Accident Claims Tribunal, in MAC Petition No.

Kuldeep Kumar and others, dated 24.07.2018, vide which, the claim petition was partly allowed by awarding petitioner No.

1 therein, compensation to the tune of Rs.24,38,000/- alongwith interest @ 9% per annum from the date of filing of the petition, i.e.

22.07.2016, till payment.

Having carefully perused the award passed by learned Court below and testing it on the strength of judgments passed by Hon’ble Supreme Court in Sarla Verma (Smt) and others versus Delhi Transport Corporation and another (2009) 6 Supreme Court Cases 121; National Insurance Company Limited versus Pranay Sethi and Others (2017) 16 Supreme Court Cases 680; and New India Assurance Company ::: Downloaded on - 10/06/2023 19:24:47 :::CIS High Court of H.P.

4 Limited versus Somwati and others and other connected matters (2020) 9 Supreme Court Cases 644, this Court is of the considered view that it will be in the interest of justice, in case, the parties agree that a lumpsum compensation to the tune of Rs.30.00 Lac is paid by the appellant-Insurance Company to the respondent-claimant, which amount shall be inclusive of everything.

Learned Counsel for the parties submit that the case be taken up on 04.04. on 04.04.2022, to enable them to have appropriate instructions.” 3.

Today, Dr.

Lalit Kumar Sharma, learned Counsel for the appellant-Insurance Company and Mr.

Vashisht, leaned Counsel for respondent No.

1/claimant, submitted on the basis of instructions from the respective parties, who are being represented by them that the appellant-Insurance Company and the respondent/Claimant agree that the present appeal be disposed of by modifying the award passed by learned Tribunal to the effect that lumpsum compensation to the tune of Rs.30.00 Lac is acceptable to be paid by the Insurance Company and the same is acceptable to be received by respondent No.

1/claimant as full and final settlement inclusive of everything.

4.

Accordingly, this appeal is disposed of by ordering that as agreed in terms of what was observed by this Court vide order ::: Downloaded on - 10/06/2023 19:24:47 :::CIS High Court of H.P.

5 dated 30.03.2022 the appellant-Insurance Company shall pay an amount of Rs.30.00 Lac as full and final settlement to respondent No.

1/claimant, which payment shall be inclusive of everything and the award passed by learned Tribunal stands modified to this extent.

As prayed for, it is ordered that out of the award amount, which has been deposited by the appellant, an amount of Rs.30.00 Lac as full and final settlement be released in favour of respondent No.

1 and balance amount with up-to-date interest, be refunded to the appellant-Insurance Company.

Bank details of the appellant as well as respondent No.

1 be supplied to the Registry by learned Counsel for the parties within a period of one week.

The appeal stands disposed of in above terms, so also pending miscellaneous application(s), if any. (Ajay Mohan Goel) Judge April 04, 2022 (narender ::: Downloaded on - 10/06/2023 19:24:47 :::CIS