DEBO DEVI Vs. NARINDER SINGH

JUDGEMENT

(1.) The present application under Sec. 151 C.P.C. has been moved for early hearing of the matter and disposing of the same in terms of the compromise between the appellant-claimant and applicant-respondent No.3. It has been stated in the application that the main case has been admitted and during the pendency of the main case, the applicant-Insurance Company has made an offer for settlement of the present case by way of payment of enhanced compensation. It has also been stated that the compromise has been entered into wherein the applicant-Insurance Company has made offer to the claimant counsel for settlement of the case and an amount of Rs.4,00,000.00 over and above the compensation awarded by the learned Tribunal has been agreed to be paid.

(2.) This Court has seen the averments made in the application as well as the documents attached alongwith the same by the learned counsel for Insurance Company. After considering all the said relevant facts, this Court is satisfied that the compromise which has been effected is genuine and bona fide and is for the benefit of the claimants and would help in finally disposing of the matter. Although, there is no written compromise by the appellants themselves but their counsel has signed the letter Annexure A-1 and the authenticity of the said letter has not been disputed, rather, its veracity has been affirmed even during the course of the proceedings by the learned counsel, Sh. Vivek Chauhan.

(3.) The proviso thereto makes it clear that the Court can, if it so desires, direct that such appearance shall be made by the party in person. Rule 4 provides that no pleader shall act for any person in any Court, unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorized by or under a power-of-attorney to make such appointment.