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2006 DIGILAW 618 (RAJ)

United India Insurance Co. Ltd. v. Shakuntla

2006-02-22

BHAGABATI PRASAD BANERJEE, S.N.JHA

body2006
Judgment Bhagwati Prasad, J.-This appeal has been preferred by United India Insurance Company Limited against the Judgment of the learned Single Judge dated 20.02.1996. By the said Judgment , learned Single Judge dismissed the appeal preferred by the said Insurance Company and affirmed the award passed by the Motor Accident Claims Tribunal. 2. During the course of hearing, a suggestion was given to the learned Counsel for the appellant Insurance Company to amicably settle the matter looking to the peculiar facts and circumstances of this case particularly, looking to the fact that Respondent No. 1 lost her husband in accident almost 20 years ago. The learned Counsel for the appellant sought time to seek necessary instructions from the Insurance Company. The Judgment of the appeal was reserved on 19.01.2006 with the clear understanding that the Counsel for appellant shall apprise this Court about the instructions received by him in the matter of settlement. 3. The Counsel for the appellant has submitted an application on 03.02.2006 stating therein that the appellant has consented to the payment of a further sum of Rs. 60,000/-(Rupees Sixty thousand only) in addition to what has already been paid to the respondent claimants under the interim orders of this Court. 4. The Counsel for the Respondent No. 1 had already given his agreement during the course of hearing that if a further sum of Rs. 60,000/-is paid to the respondent, the appeal can be decided in terms of the settlement. 5. In view of the settlement arrived at between the parties, this appeal is decided in the terms that appellant Insurance Company shall pay a further sum of Rs. 60,000/-(Rupees Sixty thousand only) to the Respondent No. 1 within a period of one month. The liability of the Insurance Company shall stand discharged with regard to the award passed by the Motor Accident Claims Tribunal. The parties shall bear their own costs.