Haryana

Charkhi Dadri

CC/59/2022

Sheela - Complainant(s)

Versus

Manager, ICICI Lambord General Insurance Company Limited - Opp.Party(s)

Sh. Rambir Sangwan

07 Mar 2024

ORDER

Present:       Sh. Anil Sangwan, Advocate for complainant.

                   Sh. Rajender Verma, Advocate for OP no.1

                   Sh. Suresh Kumar Vashistha, Advocate for OP no.3.

                   OP no.2 exparte vide order dt.31.10.2023.

         

                    Today the case is fixed for consideration on the settlement/compromise as per statements made by the parties on 06.03.2024 and certificate  dated 07.03.2024 given by Advocate Sh. Anil Sangwan the settlement is in the interest of minor petitioners no.3 to 5.

                    Learned counsel for OP no.1 has made a statement  on 06.03.2024 that the matter has been compromised between the complainant and OP no.1. According to the compromise, the OP no.1 are ready to pay Rs.20,000/- (Twenty thousand only) within a period of 45 days.

                   The learned counsel for the complainant has made a statement on 06.03.2024 that the matter has been compromised between the complainant and OP no.1. According to the statement an amount of Rs.15,00,000/- has already been received  and the matter is being compromised in Rs. 20,000/- and the complainant will give up  remaining claim. This compromise is in favour of minor complainant  no.3 to 5. 

                   Today an application  under order 32 Rule 7 CPC on behalf of petitioner (minor) to enter into compromise with OP no.1. filed by complainant no.1 (Sheela) and stated that  at the time of filing of claim petition complainant no.3 to 5 were minor and complainant no. 3 to 5 are under the custody and guardianship of their mother namely Sheela. The amount to be received  towards the share of minor shall be deposited in the nationalized bank till attaining majority.  Therefore, in view of the facts and circumstances mentioned in the application, the present compromise is in the interest of the minor (complainant no. 3 to 5). Complainant no.1 Sheela has placed on record death certificate of Savatri  (complainant no.2) mother of Bishmber.

                   Counsel for the complainant has placed on record certificate of Advocate on 07.03.2024  that the proposed compromise is in the interest of minor  (petitioner no.3 to 5) with the OP no.1 as the reasonable compensation which is also according to law being granted in lump sum. This compromise is in the interest of minor and the interest of the minor is not jeopardized in any manner. Hence this compromise is deserves to be allowed.

                   Heard. Keeping in view the statement made by both the parties, the present complaint stands disposed off as the matter has been compromised in between both the parties. It is directed that both the parties shall remain bound by their own statements. As complainant No. 3 (minor daughter) and complainant no.4&5 are (minor sons)  of deceased Bishmber and as such, it is ordered that their share be deposited in a Nationalised Bank, through their mother and natural guardian in the shape of fixed deposit, till attaining their age of maturity.

                   Copy of the order be supplied to the parties free of costs. File be consigned after due compliance.

Annoucned in National Lok Adalat

Dated: 07.03.2024