IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.3592-CII of 2010 in CM No.7060-CII of 2009 in FAO No.292 of 2005 Date of decision: 15.3.2010 Prem Chand Walia ......Appellant(s) Versus Kuldeep Singh and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG HON'BLE MR.JUSTICE JITENDRA CHAUHAN * * * Present: Mr. Harsh Aggarwal, Advocate for applicant-respondent No.3. Mr. Ashok Kumar Kubbar, Advocate for the non-applicant- appellant. Rakesh Kumar Garg, J. (Oral) CM No.3592-CII of 2010 CM is allowed. Amended memo of parties as corrected by the Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri, vide its order dated 21.12.2009 in MACT Case No.72/2000/2001 decided on 1.10.2004 is taken on record of this appeal. The memo parties as given in the certified copy of impugned award is deemed to be corrected as per aforesaid order. CM No.7060-CII of 2009 FAO No.292 of 2005 was filed by the claimants for enhancement of compensation challenging the award dated 1.10.2004 passed by the Motor Accident Claims Tribunal, Yamuna Nagar in MACT Case No.72/2000/2001. The aforesaid appeal was decided vide order dated 21.12.2008 in a Mega Lok Adalat on the consent of the parties and according to the aforesaid decision, the National Insurance Company Limited was held liable to make payment of Rs.15,000/- over and above the amount awarded by the Tribunal. Vide this application, the National Insurance Company Limited CM No.3592-CII of 2010 in CM No.7060-CII of 2009 in FAO No.292 of 2005 -2- has prayed to recall the aforesaid order on the ground that in fact the claim in hand does not pertain to the National Insurance Company and had been instituted actually against the New India Assurance Company Limited and the mistake had crept in because of the wrong memo of parties as depicted in the certified copy of the Tribunal of the award dated 1.10.2004. This fact is not disputed by the learned counsel for the appellant. It may be mentioned here that vide CM No.3592-CII of 2010, the corrected memo of parties as per order dated 21.12.2009 passed by the MACT, Yamuna Nagar has been placed on record. Thus, it is ordered that in the memo of parties of this appeal instead of “National Insurance Company Limited” the Company “New India Assurance Company Limited, Udhampur” be substituted as respondent No.3/Insurer and National Insurance Company Limited be deleted from the memo of parties. Consequently, the order dated 21.12.2008 passed by this Court whereby National Insurance Company Limited was directed to pay a sum of Rs.15,000/- to the claimant is recalled. Since the New India Assurance Company Limited has been substituted and arrayed as respondent No.3 in this appeal, let notice be issued to the aforesaid Company. At this stage, Mr. Harsh Aggarwal, Advocate, accepts notice on behalf of the aforesaid Company. Mr. Aggarwal, Advocate has very candidly submitted before this Court that he has the instructions to say that the New India Assurance Company Limited is ready to make the payment of enhanced compensation of Rs.15,000/- as granted by this Court vide order dated 21.12.2008 in the Mega Lok Adalat. Learned counsel appearing on behalf of the appellant has CM No.3592-CII of 2010 in CM No.7060-CII of 2009 in FAO No.292 of 2005 -3- accepted the aforesaid offer of enhancement. As agreed, a sum of Rs.15,000/- over and above the amount awarded by the Tribunal is awarded to the appellant in full and final settlement of his claim. Two months' time is allowed to the New India Assurance Company Limited (respondent No.3) to deposit the amount before the MACT, Yamuna Nagar. The enhanced amount would be paid to the appellant and would be disbursed to him by the Motor Accident Claims Tribunal in accordance with law. In case the amount awarded by this Court is not deposited within the time stipulated, the aforesaid Insurance Company will also be liable to pay interest @ 9% per annum from today till the actual date of deposit with the MACT, Yamuna Nagar . The application as well as the main appeal is disposed of accordingly. (RAKESH KUMAR GARG) JUDGE March 12, 2010 (JITENDRA CHAUHAN) ps JUDGE