ASHA DEVI Vs. NATIONAL INSURANCE COMPANY LIMITED
LAWS(HPH)-2021-1-20
HIGH COURT OF HIMACHAL PRADESH
Decided on January 08,2021

ASHA DEVI Appellant
VERSUS
NATIONAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

Sandeep Sharma,J. - (1.) Instant petition filed under Article 227 of the Constitution of India takes exception to order dated 2.12.2020, passed by Motor Accident Claims Tribunal-I, Shimla, District Shimla, H.P., in CMA No.177-S/6 of 2020 in MAC No.51-S/2 of 2019, titled as Smt. Asha Devi @ Asha Rani versus National Insurance Company Limited, whereby learned Tribunal below refused to release the entire award amount in favour of the applicant/petitioner No.1, despite the fact that petition bearing MAC No. 51-S/2 of 2019, having been filed by the applicants/petitioners stands finally decided and no appeal, whatsoever, has been filed against the award dated 29.7.2020 passed by Motor Accident Claims Tribunal-I, Shimla in the superior Court of law.
(2.) Precisely, the facts of the case as emerge from the record are that the applicants/petitioners filed petition under Section 166 of the Motor Vehicles Act,1988 ( for short 'Act'), seeking therein compensation on account of death of Sh. Ashish Kumar, predecessor in interest of the applicants/petitioners, but before the mater could be decide on its own merits by the Tribunal below, parties to the lis entered into the compromise deed Ex.C1. As per the compromise, applicants/petitioners came to be entitled for sum of Rs. 34 lacs as full and final settlement of the claim. Vide award dated 29.7.2020, learned Tribunal below while accepting the compromise deed entered interse parties ordered that amount of compensation is apportioned amongst the petitioners No.1 and 2 as under:- Claimant No.1, Asha Devi =90% Claimant No.2, Aman Kaundal = 10%
(3.) Vide aforesaid award, Tribunal below also directed the respondent-Insurance Company to deposit the entire amount of compensation within a period of 45 days from the date of passing of award, failing which, applicants/petitioners would be entitled for interest at the rate of 6% per annum from the date of petition till its realization.;


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