Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 1146 of 2013 Appellant :- The New India Assurance Co. Ltd. Respondent :- Smt. Sanjida Begum And Another Counsel for Appellant :- Brijesh Chandra Naik Counsel for Respondent :- S.D. Ojha,Shiv Sagar Singh
Hon'ble Saral Srivastava,J.
Heard Sri Brijesh Chandra Naik, learned counsel for the appellant and Sri S.D. Ojha, learned counsel for the respondent.
The present appeal is directed against the judgment and award dated 19.1.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 21, Meerut, in Motor Accident Claim Petition No. 1203 of 2011.
By the impugned award, the Tribunal has awarded Rs.3,96,330/- as compensation to the respondent no. 1 for the injuries alleged to have been suffered by the claimant in an accident on 7.10.2011.
The appellant-insurance company has assailed the judgment of the Tribunal on the issue of quantification of the compensation.
During the course of the argument, learned counsel for the respondent-claimant has submitted that his client has received half of the amount in pursuance of the interim order passed by this Court and balance of the awarded amount is invested in a fixed deposit in compliance of the interim order of this Court. He made an offer to the appellant-insurance company that if he is paid 50% of the amount which has been invested in FDR in pursuance of the order of this Court, his client is satisfied.
Learned counsel for the appellant fairly submits that the insurance company is willing to accept the offer of the respondent.
Thus, the appeal is disposed of in terms of the compromise entered into between the appellant-insurance company and respondents; and it is provided that the claimant-respondent no. 1 shall be entitled to withdraw 50% of the amount invested by the Tribunal in compliance of the interim order of this Court along with interest in addition to the amount which he had already received in compliance of the interim order of this Court. Balance 50% of the amount invested in FDR under interim order of this Court along-with interest shall be refunded to the appellant by the Tribunal.
With the aforesaid observations, the appeal is disposed of. Order Date :- 28.11.2018 Ishan