Single judge disposed of two applications. The first became infructuous as the main appeal was listed. The second was settled where respondents agreed to pay Rs 2,00,000 for full and final settlement of the claim.
Respondent No. 3 to pay Rs. 2,00,000 within four weeks; discharge effected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
203 (4th case)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM-2864-CII of 2021 in/and FAO No. 7933 of 2014 Date of Decision: 22.12.2021 Karamjit Kaur …Appellant
Versus
Ajay Kumar and others …Respondents
CORAM : HON’BLE MR. JUSTICE ARUN MONGA
Present : Mr. Sanjeev Sharma, Advocate, for the appellant.
Mr. Sanjeev Kodan, Advocate, for respondent No.3-Insurance Company. (Presence marked through video conference).
CM-2864-CII OF 2021
This is an application for preponing the main case, which was slated for hearing for 07.04.2022.
Since the main appeal is listed for today, the application is disposed of as having been rendered infructuous.
FAO NO.7933 OF 2014
It has been averred that the matter has been mutually settled between the parties. Accordingly, the claim of the appellant would stand satisfied if the compensation is payable to the tune of Rs. 2,00,000/- under all heads of compensation towards full and final settlement of claim, including interest component, over and above the amount awarded by the Tribunal. The said proposal of the claimant-appellant has been accepted by respondent No. 3- insurance company.
As per both the counsels, a mutual settlement has been arrived at. Per compromise, respondent No. 3-insurance company will pay Rs.2,00,000/-
MAHAVIR SINGH 2021.12.25 06:57 I attest to the accuracy of this order
to the claimant-appellant under all the heads of compensation, including interest component, towards full and final settlement of claim over and above the amount already awarded by the Tribunal.
Learned counsel for respondent No.3-Insurance Company states that he will hand over the cheque amounting to Rs.2,00,000/- to learned counsel for the appellant within a period of four weeks.
In the premise, the appeal stands disposed of. The parties shall remain bound by the terms of the compromise which shall be treated as part and parcel of the Award.
However, the appellant would be at liberty to reopen the matter in case of any default in payment on behalf of respondent No. 3.
| December 22, 2021 vandana |
(ARUN MONGA) JUDGE |
|
|---|---|---|
| Whether speaking/reasoned : | Yes/No | |
| Whether reportable : | Yes/No |
MAHAVIR SINGH 2021.12.25 06:57 I attest to the accuracy of this order
Karamjit Kaur
Ajay Kumar
Insurance Company
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
