Dev Darshan, J. (oral)
Learned counsel appearing for the appellant submits that she has been instructed by the Insurance Company to compromise the case. She submits that an amount of Rs. 6,00,000/- along with interest @ 7% may be awarded to the heirs of the claimant Millan Yadav in full and final settlement of the entire claim.
2. Shri Man Mohan Yadav, son of late Shri Millan Yadav, claimant before the learned Motor Accident Claims Tribunal is present in Court today. He has filed on record Special Power of attorney on behalf of his sisters, namely, Smt. Meera Devi D/o late Shri Ram Millan Yadav wife of Shri Dena Nath resident of Village Gondpur, Tehsil Paonta Sahib, District Sirmour, H.P, Smt. Chanda daughter of late Shri Ram Millan Yadav wife of Shri Tejpal Singh resident of Village Kotra, PO Hurrawala, Tehsil Vikas Nagar (UK) and Smt. Kusum daughter of late Shri Ram Millan Yadav wife of Shri Pankaj Yadav resident of Village and PO Bhaniawala, District Dehradun (UK) which was placed on record of the case as Ex. A-1, authorizing him to compromise the case in Court.
3. It is not disputed before me that Man Mohan Yadav and his three sisters, who are married are the only heirs of claimant late Shri Ram Millan Yadav, who died after the institution of the claim petition. Shri Man Mohan Singh Yadav submits that he has no objection to the offer made by the Insurance Company. His statement has been recorded separately in Court today.
4. This appeal is disposed of with this direction that the entire claim of the claimants is settled at Rs. 6,00,000/- (Rs. Six lacs) along with interest @ 7% per annum from the date of petition till payment. A sum of Rs. 1,00,000/- (Rs. One lac) already stand paid to late Shri Ram Millan Yadav vide order dated 11.1.2008 passed in CMP No. 991 of 2008. In these circumstances, the claimants herein will be entitled to a sum of Rs. 5,00,000/- (Rs. Five Lacs only) along with interest @ 7% per annum from the date of petition till payment. It is directed accordingly. Let amount in excess deposited by the Insurance company along with proportionate interest be remitted to its bank account particulars whereof shall be furnished by the learned counsel appearing for the appellant/Insurance Company. Appeal disposed of accordingly. This appeal does not determine the succession to the estate of late Shri Ram Millan Yadav.
5. All the pending applications also stands disposed of.