Om Parkash and Ors. Vs Yad Ram and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

Om Parkash and Ors. Vs Yad Ram and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Award dated 17.12.2008 modified; respondent No.2 (insurance company) directed to pay an additional amount of Rs.5,00,000/- to the appellants within four weeks from the date the counsel for the appellants supplies the account details to counsel for respondent No.2, the payment being full and final settlement of the claims of all claimants qua the appellants; the accompanying Section 151 CPC application disposed of as infructuous.

Issue for consideration

Whether the application CM-11234-CII-2025 under Section 151 CPC seeking pre-ponement and disposal of the case in terms of the compromise required separate adjudication, the main case (FAO-2050-2010) being listed the same day. +1 more

Court's answer

Since the main case was also listed for the same day, the application under Section 151 CPC for pre-ponement and disposal in terms of the compromise was disposed of as having been rendered infructuous.

Ratio / Principle

On the joint prayer of learned counsel for the appellants and respondent No.2, and keeping in view the compromise, the award dated 17.12.2008 was modified: respondent No.2 is directed to pay an additional amount of Rs.5,00,000/- to the appellants within a period of four weeks from the date the counsel for the appellants supplies the account details to counsel for respondent No.2.

Key takeaways

As per the compromise recorded by the Court, the payment of Rs.5,00,000/- by respondent No.2 is to be treated as full and final settlement of the claim of all the claimants qua the present appellants.ratio¶24

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Vikas Bahl, J., oral, 25.07.2025), CM-11234-CII-2025 in/and FAO-2050-2010 (O&M): Appeal by claimants Om Parkash and others arising from the award dated 17.12.2008 was disposed of in terms of a compromise between the parties. Respondent No.2-insurance company (through Ms. Manvi Verma for Mr. Rajneesh Malhotra, Advocate) is to pay the appellants an additional Rs.5,00,000/- as full and final settlement of the claims of all claimants qua the appellants, within four weeks of the appellants' counsel supplying the account details to the insurance company's counsel; the award dated 17.12.2008 stands modified accordingly. The companion application under Section 151 CPC for pre-ponement and disposal in terms of the compromise was disposed of as infructuous, the main case being listed the same day.

CM-11234-CII-2025 in/and FAO-2050-2010 (O&M)

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

(203)

CM-11234-CII-2025 in/and FAO-2050-2010 (O&M) Date of Decision: - 25.07.2025

Om Parkash and others

....Petitioners

Versus

Yad Ram and another

.....Respondents

CORAM : HON'BLE MR. JUSTICE VIKAS BAHL

Present:Mr. Anil Kumar Gahlawat, Advocate for the appellants.

Ms. Manvi Verma, Advocate for Mr. Rajneesh Malhotra, Advocate for respondent No.2-insurance company.

VIKAS BAHL, J. (ORAL)

CM-11234-II-2025

This is an application under Section 151 CPC for pre-poning the case and for disposing off the same in terms of the compromise arrived between the parties.

In view of the fact that the main case is also listed for today,

thus, the present application is disposed of as having been rendered infructuous.

FAO-2050-2010

Learned counsel for the appellants as well as learned counsel

NARESH KUMAR 2025.07.28 12:49 I attest to the accuracy and integrity of this document/judgement

CM-11234-CII-2025 in/and -2FAO-2050-2010 (O&M)

for respondent No.2 have fairly submitted that a compromise has been effected between the parties and as per the said compromise, respondent No.2 would deposit an amount of Rs.5,00,000/- as full and final settlement. It has further been agreed that counsel for the appellants would provide the account number of the appellant to the counsel for respondent No.2 for payment of the said amount and after the counsel for the appellants has provided the said account number to the counsel for respondent No.2, the respondent No.2 would credit the amount of Rs.5,00,000/- into the said account within a period of four weeks from the date the counsel for the appellants supplies the details of the account to the counsel for respondent No.2. It is further agreed that the payment of the said amount would be full and final settlement of the claim of all the claimants qua the present appellants.

Keeping in view the above-said facts and circumstances and the joint prayer made by learned counsel for the appellant as well as the respondent No.2, the award dated 17.12.2008 is modified and respondent No.2 is directed to pay an additional amount of Rs.5,00,000/- to the appellants within a period of four weeks from the date the counsel for the appellants supplies the details of the account to counsel for respondent No.2 in which the amount is to be paid.

July 25, 2025 naresh.k

( VIKAS BAHL ) JUDGE

Whether reasoned/speaking? Yes/No Whether reportable? Yes/No

NARESH KUMAR 2025.07.28 12:49 I attest to the accuracy and integrity of this document/judgement