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High Court of Himachal Pradesh · body

2025 DAILYLAW 33327 (HP)

RATTAN CHAND(Since deceased through Lr's) v. RAJINDER KUMAR

FAO/221/2017 · 2025-12-09

Satyen Vaidya

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No.221 of 2017 Decided on: 09.12.2025 Rattan Chand (deceased) through LRs ...Appellants Versus Rajnder Kumar & others ...Respondents Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the appellant: Mr.Ramakant Sharma, Advocate with Mr.Parav Sharma, Mr. Shekhar Badola and Mr. Avnish Mandhotra, Advocates. For the respondents: Ms.Suman Thakur, Advocate, for respondents No.1 & 2. Mr.Jagdish Thakur, Advocate, for respondent No.3. Satyen Vaidya, Judge(oral) The report of mediator has been received. 2. Though, the matter was ordered to be listed on 12th December, 2025, in terms of previous order dated 10.11.2025, however, on the request of learned counsel for the parties made before learned Mediator and in terms of recommendation of learned Mediator, the matter has been listed today. 3. The mediation has been successful. It has been mutually decided between the parties that over and above the amount of compensation awarded by learned Motor Accident 2 Claims Tribunal, Hamirpur, additional amount of Rs.3,00,000/- shall be paid by respondent No.3-National Insurance Company Ltd. to the appellants-claimants as lump sum additional compensation towards full and final satisfaction of the claim of the appellants/claimants. The additional amount of Rs.3,00,000/- has been agreed to be deposited within 20 days starting from 05.12.2025. However, learned counsel for the parties on the instructions of their respective clients have further agreed today in Court that period of 20 days allowed to respondent No.3-National Insurance Company Ltd. to deposit amount of Rs.3,00,000/- should commence from today. 4. Statements of learned counsel for the claimants and insurer-respondent No.3-National Insurance Company Ltd. have already been recorded by learned Mediator. 5. Accordingly, the instant appeal is disposed of in terms of aforesaid compromise/settlement arrived at inter se the claimants and insurer-National Insurance Company Ltd. Ordered accordingly. 6. The instant appeal is disposed of with direction that in terms of settlement between the parties respondent No.3-Insurer shall deposit additional sum of Rs.3,00,000/- in the Registry of this Court within 20 days from today. The impugned award dated 3 20.06.2016, passed by learned Motor Accident Claims Tribunal, Hamirpur in MAC Petition No.35 of 2013, shall stand modified accordingly. 7. Pending application(s), if any, shall also stand disposed of. (Satyen Vaidya) Judge 9th December, 2025 (vt)