IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 18.2.2009 C.M.No.10858-CII/2008 and FAO No.2417/2001(O&M) Kulwant Singh ...Appellant Versus Pargat Singh and others ...Respondents FAO No.2418/2001. Darshan Singh ...Appellant Versus Pargat Singh and others ...Respondents Present:- Mr. B.D. Sharma, Advocate for the claimant-appellant Mr. D.P.S. Kalhon, Advocate for the respondents AND CM No.19859-CII/2008 & FAO No.5085/2003. Pargat Singh ...Appellant Versus Darshan Singh and others ...Respondents resent:- Mr. DPS Kahlon, Advocate for the appellant-driver Mr. BD Sharma, Advocate for the respondents . FAO No.2417/2001(O&M) etc. -2- JASWANT SINGH J.(Oral) By this common order, three FAOs No.2417 of 2001, No.2418 of 2001 and No.5085 of 2003, arising out of common award dated 5.1.2001, passed by learned Motor Accident Claims Tribunal, Amritsar ( for short Tribunal) relating to the motor vehicular accident that took place on 13.1.1997 involving offending vehicle (tractor being driven by Pargat Singh (appellant in FAO No.5085/2003). In the said accident one Sarbjit Singh, son of Darshan Singh (appellant in FAO No.2418/2001) died whereas Kulwant Singh (appellant in FAO No.2417/2001) and another son of said Darshan Singh received injuries. Darshan Singh, father of the deceased Sarbjit Singh and Kulwant Singh and Barinderjit Singh, sons of Darshan Singh and brothers of deceased Sarbjit Singh filed claim petition no.77/1997, claiming compensation for the death of said Sarbjit Singh and injuries suffered by Kulwant Singh in the said motor vehicular accident. Claim petition was contested by Driver, Owner and Insurer of the offending tractor. Parties led evidence in support of their respective pleas. The learned Tribunal vide award dated 5.1.2001 awarded a sum of Rs.72,000/- to Darshan Singh, father of deceased Sarbjit Singh being the legal heir of the deceased. Claim put forth by Kulwant Singh and Barinderjit Singh, brothers of deceased Sarbjit Singh was rejected holding that they were not legal heirs of the deceased. However, Kulwant Singh, who received in the said accident was awarded a sum of Rs.3000/- for the injuries suffered by him in the said accident. FAO No.2417/2001(O&M) etc. -3- Aggrieved against the award, Darshan Singh and Kulwant Singh have filed FAO Nos.2417/2418 of 2001 seeking enhancement of compensation whereas FAO No.5085/2003 has been filed by Pargat Singh,driver of the offending tractor for setting aside the award on the grounds that their was no negligence on his part and that the compensation awarded is on higher side. It would be relevant to mention here that during the pendency of FAO No.2418/2001, appellant Darshan Singh has expired. CM No.10858-CII/2008 has been filed in FAO No.2417/2001 by the appellant Kulwant Singh, for withdrawing the aforesaid three FAOs stating therein that they have amicably settled the matter vide compromise deed dated 2.4.2008, which has been placed on record, whereby parties have decided to withdraw all proceedings, including aforesaid three FAOs pending between the parties relating to the accident in question. As per said compromise, a lump sum amount of Rs.1,05,000/- [including the amount of Rs.75,000/- (Rs.72,000/- granted to Darshan Singh and Rs.3000/- to Kulwant Singh) already granted by the Tribunal] has been agreed to be paid by Pargat Singh, appellant-driver in FAO No.5085/2003 to the injured Kulwant Singh. It has further been stated that out of total agreed amount of Rs.1,05,000/- Rs.80,000/- already stands paid to Kulwant Singh, appellant in FAO No.2417/2001 by Pargat Singh,appellant-driver in FAO No.5085/2003. Regarding the remaining amount of Rs.25,000/- it has been agreed by said Pargat Singh that the statutory amount of Rs.25,000/- deposited by him at the time of filing of FAO No.5085/2003, which is lying deposited in this FAO No.2417/2001(O&M) etc. -4- Court, be released in favour of Kulwant Singh, injured-claimant-appellant in FAO No.2417/2001. CM No.10859-CII of 2008 in this regard has been moved by said Kulwant Singh with a prayer to release the statutory amount of Rs.25,000/- deposited by Pargat Singh,appellant-driver in FAO No.5085/2003, so as to satisfy the agreed lump sum amount of compensation. In view of the averments contained in the applications and stand taken by the learned counsel for the parties, CM No.10858-CII/2008 is allowed and the aforesaid FAOs bearing No.2417, 2418 of 2001 and FAO No. 5085/2003 are ordered to be dismissed as withdrawn. Besides that, CM No.10859-CII of 2008 in FAO No.5085/2003 is also allowed and Registry is directed to release the amount of Rs.25,000/- lying deposited with it, in favour of Kulwant Singh, appellant in FAO No.2417/2001. Aforesaid three FAOs stand disposed of accordingly. February 18, 2009 (JASWANT SINGH) vj/joshi JUDGE