Meera And Another vs Sukhman Brar And Others

Sant Parkash, J

The prayer in the instant application is for preponement of the main appeal and for disposing of the same in terms of the oral compromise arrived

between the appellants/claimants through their counsel and the applicant/respondent No. 3.

The application is allowed and the main appeal is preponed to today itself i.e. 07.12.2020.

FAO NO. 3494 OF 2013

The instant appeal has been preferred by the appellant/claimants for the enhancement of the compensation awarded vide award dated 29.01.2013

passed by the learned Motor Accident Claims Tribunal, Chandigarh.

The brief facts of the case are that on 17.08.2010, Sukhwinder Singh s/o Ravinder Singh along with his cousin brother Harpreet Singh s/o Dalbir Singh

was riding motorcycle bearing registration No. PB-65-F-5085. When they reached near round about of Sector 1,2 and 3, Chandigarh, a car bearing

registration No. CH-03-R-0018 came at high speed from High Court side in zig-zag manner and hit their motorcycle, due to which Sukhwinder Singh

and his cousin brother received multiple injuries to which they succumbed in the hospital. A case vide FIR No. 175 dated 17.08.2010 under Sections

279, 337, 304-A IPC was registered against the driver of the offending vehicle in Police Station, Sector 3, Chandigarh. The appellants filed a claim

petition before the Motor Accident Claims Tribunal for compensation on account of death of their son. Learned Motor Accident Claims Tribunal vide

impugned award dated 29.01.2013 accepted the claim petition partly and awarded a sum of Rs. 10,02,800/-towards compensation.

Now, the aggrieved appellant/claimants have approached this Court through the instant appeal for the enhancement of the compensation awarded vide

award dated 29.01.2013.

Learned counsel for the parties have stated that an oral compromise has been effected between the appellants/claimants and the respondent No. 3-

Bharti Axa GIC Ltd. and to this effect, they have jointly filed an application bearing No. CM-9224-CII-2020 with a prayer to dispose of the instant

appeal in terms of the said compromise. As per the said compromise, the Insurance Company has offered appellants/claimants a payment of Rs.

2,50,000/- including interest as enhanced compensation over and above the compensation, as full and final settlement. It is further stated in the joint

application that the Insurance Company shall deposit a cheque for a sum of Rs. 2,50,000/- in view of full and final settlement. It is pertinent to mention

here that an affidavit duly sworn by Meera (appellant/claimant) has also been placed on record affirming the factum of compromise.

The instant appeal is disposed of in terms of the compromise arrived at between the parties. However, the parties shall abide by the terms of

compromise arrived at in the above terms.