Himachal Pradesh High Court
FAO/456/2008 of HARI NAND Vs INDIRA VATI on 29 December 2008
of 2008 29.12.2008 Present: Mr.Y.P.Sood, Advocate, for the appellants. Mr.Narender Sharma, Advocate, for respondent No.1. Mr.Praneet Gupta, Advocate, for respondent No.2. Mr.Y.P.Sood, learned counsel for the appellants has offered a sum of Rs.1,80,000/- instead of Rs.2,40,000/- as awarded by the
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29.12.2008
Present: Mr.Y.P.Sood, Advocate, for the appellants.
Mr.Narender Sharma, Advocate, for respondent No.1.
Mr.Praneet Gupta, Advocate, for respondent No.2.
Mr.Y.P.Sood, learned counsel for the appellants has offered a sum of Rs.1,80,000/- instead of Rs.2,40,000/- as awarded by the Tribunal. He prays that the offer is acceptable to the claimant and the impugned award be modified to the aforesaid extent.
Statement of the claimant Smt. Indira Wati accepting the offer has been recorded separately. The award is modified to the aforesaid extent and instead of Rs.2,40,000/-, the claimant shall be entitled to Rs.1,80,000/- alongwith interest as awarded by the Tribunal.
Mr.Y.P.Sood further submits that in terms of the impugned award compensation be paid to the claimant by the Insurer at the first instance as his clients shall pay the said amount to the Insurer on or before 30[th] April, 2009.
It is stated at the Bar that the amount stands deposited before the Tribunal and the claimant has already moved an application for withdrawal of the same. If the amount has not been disbursed, let the same be remitted to this Court for disbursement to the claimant as also the Insurer. In the event of the amount being remitted to this Court, the excess amount alongwith proportionate interest be refunded to the Insurer and the awarded amount be refunded to the claimant in accordance with law after they move appropriate applications. If, however, the amount already stands disbursed, the Insurer shall be at liberty to get the refund from the claimant.
The appeal is disposed of accordingly.
29[th] December, 2008 (C) (C)
(Sanjay Karol) Judge.