Research › Search › Judgment

Himachal Pradesh High Court · body

2013 DIGILAW 1045 (HP)

KALASSI v. S. K. AGARWAL

2013-12-20

MANSOOR AHMAD MIR

body2013
JUDGMENT : MANSOOR AHMAD MIR, J. 1. The appellants-claimants have preferred this appeal, feeling dissatisfied with the award passed by the Motor Accident Claims Tribunal, Mandi, Himachal Pradesh (hereinafter referred to as "the Tribunal") in MAC Case No. 45 of 2000, decided on 24.5.2003, titled as Smt. Kalassi & others v. S.K. Agarwal & others, whereby compensation to the tune of Rs. 1,78,000/- with 9% interest per annum from the date of filing of the petition till its final realization, came to be awarded in favour of the appellants claimants and against respondent No. 3/insurer herein, (hereinafter referred to as "the impugned award"), on the grounds taken in the memo of the appeal. 2. The appellants-claimants have questioned the impugned award of the Tribunal by the medium of this appeal and has been on the Board of this Court for the last seven years. 3. According to the appellants-claimants the amount awarded is inadequate. 4. This appeal came up for consideration before this Court on 13th December, 2013 when respondent No. 3 sought time to seek instructions. 5. Learned counsel for respondent No. 3-insurer has stated at the Bar that he is under instructions to settle the claim by paying Rs. 1,50,000/- in lump sum, in excess to the amount already awarded and satisfied. His statement is taken on record. 6. Learned counsel for the appellants-claimants has no objection to the proposal made. His statement is taken on record. 7. In the given circumstances, with the consent of the learned counsel for the parties present, the amount of compensation is enhanced and impugned award is modified to the extent that respondent No. 3-insurer has to deposit an amount of Rs. 1,50,000/- (one lac fifty thousand) in addition to the amount already awarded by the learned Tribunal, within ten weeks from today before the Registry of this Court. In default, the Insurance Company shall be liable to pay 9% interest per annum from the date of the claim petition till its realization. 8. On deposit of the aforesaid amount, the Registry is directed to release the amount in favour of the claimants appellants, after proper identification, through payees account. 9. The impugned award is modified as indicated above and appeal is disposed of as settled.