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2005 DIGILAW 3293 (RAJ)

Indrasingh v. Deepchand

2005-12-14

KRISHAN KUMAR ACHARYA, S.N.JHA

body2005
Judgment 1.Filing of certified copy of the impugned order of learned Single Judge is dispensed with as the certified copy has been filed in D.B. Civil Special Appeal No. 61/2005, and both the cases are taken up together. 2. The appeals are directed against the order of learned Single Judge dated 30.08.2005 confirming the award of the claims Tribunal with certain modification. The matter arises from claim petition filed before the Motor Accident Claims Tribunal, Churu in respect of the motor accident which occurred on 30.01.1994 in which claimant, Deep Chand, while alighting from the bus suffered grievous injuries in his leg. The claims Tribunal awarded compensation of Rs. 76,706.05 with interest @ 12% per annum. The learned Single Judge enhanced the compensation to Rs. 1,88,207.95. When the cases were taken up on 211.2005, it appeared to us that the dispute as to quantum of compensation can be amicably settled. The matter was accordingly directed to be listed on 112.2005 i.e., today. 3. When the appeals were taken up today Counsel for the parties fairly agreed that a lump sum amount of Rs. 2 lacs including the amount of interim compensation of Rs. 25,000/-may be paid to the claimant as compensation. Counsel for the parties further agreed that such payment may be made by 28.02.2006. 4. In view of the agreement reached between the parties, without going into merit of the case, the appeals are disposed of with the direction to the owner-appellant No. 2 to pay Rs. 1,75,000/-to the claimant, Deep Chand, on or before 28.02.2006 failing which the claimant will be entitled to recover the amount by filing execution case and the owner would be liable for contempt of this Court.