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Himachal Pradesh High Court · body

2016 DIGILAW 2055 (HP)

Devesh Sharma v. Mahinder Singh Bhardwaj

2016-09-23

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. 1. Learned counsel for respondent No.3-insurer was asked to seek instructions to settle the claim in lump sum of Rs.1,50,000/-, in addition to the amount already awarded by the Tribunal. 2. Ms. Sunita Sharma, learned counsel for respondent No.3-insurer, stated at the Bar that she has sought instruction to pay only Rs.50,000/-, in addition to the amount already awarded. Her statement is taken on record. She has also made available a copy of communication dated 24th August, 2016 to the effect, across the Board, made part of the file. 3. I have gone through the impugned award and the pleadings. I am of the considered view that the amount awarded is meager. Accordingly, I deem it proper to award Rs.1,00,000/-, in lump sum, in addition to the amount already awarded by the Tribunal. 4. In view of the above, the claimant is held entitled to Rs.1,62,000/- with interest as awarded by the Tribunal + Rs.1,00,000/- = Rs.2,62,000/- as compensation. 5. Respondent No. 3 is directed to deposit the enhanced amount of Rs.1,00,000/- in the Registry within eight weeks from today. In default, the same shall carry interest, as awarded by the Tribunal, from today till its realization. On deposit, the same be released in favour of the claimant through payees’ account cheque or by depositing the amount in his bank account. 6. Registry is directed to release the amount already deposited in the Registry in favour of the claimant forthwith, through payees’ account cheque or by depositing the amount in his bank account 7. The impugned award is accordingly modified, as indicated hereinabove, and the appeal, alongwith pending applications, stands disposed of.