( 2026:HHC:34751 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO (MVA) No.191 of 2020 Date of Decision: 17.08.2026 ICICI Lombard General Insurance Company Ltd. …Appellant Versus Suman Kumari and Ors. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the Appellant : Mr. Jagdish Thakur, Advocate. For the Respondents : Respondents No.1 to 4, in person, with Mr. Karan Thakur, Advocate. Mr. Sanjay Ranta, Advocate, for respondents No.5 and 6. __________________________________________________________ Virender Singh, Judge (Oral): ICICI Lombard General Insurance Company Limited has filed the present appeal, under Section 173 of the Motor Vehicles Act, 1998 (hereinafter referred to as the ‘M.V. Act’), against the award dated 10.12.2019, passed by learned Motor Accident Claims Tribunal, Shimla, District Shimla, H.P., (hereinafter referred to as the ‘learned Tribunal’), in MAC No.25- S/2 of 2026, , titled as Suman Kumari and others versus Sahi Ram and others. 2. By way of award dated 10.12.2019, the learned Tribunal has decided the above mentioned claim petition, by awarding a sum of Rs.16,32,000/- along with interest @ 9% per ( 2026:HHC:34751 ) annum from the date of filing of petition, till deposit of the amount and the ultimate liability to pay the amount has been fastened upon the appellant-Insurance Company. 3. For the sake of convenience, parties to the present appeal, are hereinafter referred to, in the same manner, in which, they were referred to, by the learned Tribunal. 4. Petitioners No.2 and 4, are living under the care and custody of their mother and to the considered opinion of this Court, the compromise, which has been entered into between the parties, is also in the interest of petitioners No.2 and 4. 5. Today, the case is listed for arguments. Under instructions, it has been submitted by learned counsel appearing for the Insurance Company that he has given the proposal to petitioners No.1 to 4 (claimants) for settlement of the present appeal, for a sum of Rs.14,00,000/-, along with interest @9% per annum, from the date of filing of the present petition, along with the proportionate interest, instead of the awarded amount of Rs.16,32,000/- along with interest @9% per annum. The said offer has duly been accepted by the petitioners. In this regard, statements of petitioners-claimants No.1 & 3 have been recorded separately. Petitioner No.1-Suman Kumari has ( 2026:HHC:34751 ) categorically stated that the above compromise is in favour of the minor daughters, who are living under her care and custody. 6. In view of the offer made by the Insurance Company, which has duly been accepted by the petitioners, the appeal is liable to be partly allowed. 7. Consequently, the appeal is partly allowed and the awarded amount is reduced from Rs.16,32,000/- to Rs.14,00,000/-, along with interest @9% per annum, from the date of filing of the petition, till realization of the whole amount. The ultimate liability to pay the awarded amount along with up to date interest is fastened upon the Insurance Company. 8. Considering the fact that petitioners No.2 and 4 are minors, order, with regard to the apportionment, which has been made by the learned Tribunal, is liable to be interfered with. 9. In order to protect the interest of the minor petitioners No. 2 and 4, the fresh apportionment is liable to be made, which is made accordingly:- Petitioner No.1. =40% Petitioners No.2 and 4 (minor daughters) = 25% each. Petitioner No.3 = 10%. ( 2026:HHC:34751 ) 10. The amount falling in the share of petitioners No.2 and 4, namely, Ms. Shevya and Ms. Mannat, is ordered to be invested, in the shape of FDRs, co-terminus, with the majority of petitioners No.2 and 4. However, in an exceptional circumstance, petitioner No.1, is at liberty to move the application, before the learned Tribunal for releasing the amount of compensation, that too, only for the education of petitioners No.2 and 4. 11. The award passed by the learned Tribunal is modified, in the above terms. 12. Memo of costs be prepared. 13. Pending application(s), if any, are also disposed of. (Virender Singh) Judge August 17, 2026 (subhash)