PUSHPA RANI Vs. RAGHUBIR SINGH
LAWS(P&H)-2008-10-7
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 21,2008

PUSHPA RANI Appellant
VERSUS
RAGHUBIR SINGH Respondents

JUDGEMENT

Mahesh Grover, J. - (1.) The claimants have filed the instant appeal against award dated 30.9.1989 passed by the Motor Accidents Claims Tribunal, Faridkot (for short, 'the Tribunal') purportedly on the basis of the compromise arrived at between the parties in M.V.A. Case No. 6 of 18.1.1989.
(2.) On 30.9.1989, a joint statement of the counsel for claimants-appellants and P.K. Banerjee, Deputy Manager, Oriental Insurance Co. Ltd. with Mr. P.P. Gosam, Advocate, was got recorded before the Tribunal, which is extracted below: "We have arrived at an amicable settlement in this case through the efforts of Lok Adalat. In terms of that settlement, a total sum of Rs. 60,000 be awarded as compensation in favour of claimants to be shared by them equally and against Oriental Insurance Co. Ltd., respondent. A period of one month be allowed to insurance company to make payment of that amount, failing which the claimants shall also be entitled to recover interest at the rate of 12 per cent per annum from the date of claim petition till realization." Pursuant to the above reproduced statement, the impugned award had come into existence. The same is also reproduced hereunder: "In the terms of the compromise arrived at between the parties, a total sum of Rs. 60,000 is awarded as compensation in favour of claimants, to be shared by them equally and against Oriental Insurance Co. Ltd., respondent. A period of one month is allowed to the insurance company to make payment, failing which the claimants shall also be entitled to recover interest at the rate of 12 per cent per annum from the date of petition till realization. No orders as to costs."
(3.) On 23.9.2008, CM. No. 19085-CII of 2008 was moved under the provisions of Order 22, rule 3 read with section 151 of the Civil Procedure Code for impleading the applicants as legal representatives of Pushpa Rani, one of the appellants, who has been stated to have expired on 11.6.2007. It is allowed subject to all just exceptions.;


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