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2013 DIGILAW 1046 (HP)

KAMLESH KUMARI v. HIMACHAL ROAD TRANSPORT CORPORATION

2013-12-20

MANSOOR AHMAD MIR

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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, Hamirpur, Himachal Pradesh (hereinafter referred to as "the Tribunal") in MAC Case No. 01 of 2005, decided on 31.12.2005, titled as Kamlesh and others v. HRTC and others, whereby compensation to the tune of Rs. 7,20,000/- came to be awarded in favour of the claimants-appellants and against the respondents 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 Board of this Court for the last seven years. Respondents No. 1 & 2 herein have also preferred cross objections being C.O. No. 217 of 2006. 3. The matter came up for consideration before this Court on 13th December, 2013 when parties, particularly respondents No. 1 & 2, were directed to seek instructions. Mr. H.S. Rawat, learned counsel appearing for respondents No. 1 & 2 stated at the Bar that he is under instructions to settle the claim of ::: Downloaded on - 09/09/2014 14:18:12 :::HCHP High Court of Himachal Pradesh the appellants/claimants and are ready to pay Rs. 5,30,000/- in excess of the amount already deposited before the Tribunal concerned. His statement is taken on record. He has also produced communication dated 19th December, 2013, addressed to him by the Managing Director, Himachal Road Transport Corporation, Shimla-3. The same is taken on record and made part of the file. 4. Learned counsel for the appellants/claimants stated at the Bar that he has no objection in case the claim is settled by directing respondents No. 1 & 2 to deposit Rs. 5,30,000/- before the Registry of this Court, in addition to the amount already deposited in terms of the impugned award before the learned Tribunal. His statement is taken on record. 5. In the given circumstances, with the consent of the learned counsel for the parties present, the appeal is disposed of by directing respondents No. 1 & 2 to deposit Rs. 5,30,000/- (Rupees five lac thirty thousand) before the Registry of this Court within eight weeks from today. His statement is taken on record. 5. In the given circumstances, with the consent of the learned counsel for the parties present, the appeal is disposed of by directing respondents No. 1 & 2 to deposit Rs. 5,30,000/- (Rupees five lac thirty thousand) before the Registry of this Court within eight weeks from today. On deposit of the said amount, the Registry is directed to release the same in favour of the claimants/appellants strictly in terms of the conditions contained in the impugned award. The Presiding Officer, Motor Accident Claims Tribunal, Hamirpur, is directed to release the award amount deposited before it, strictly in terms of the conditions contained in the impugned award. 6. The court-fee shall be first charge. 7. The appeal and the cross objections are disposed of as settled.