Uma Shankar Singh vs Amar Nath Pandey And Another
2021 Latest Caselaw 7427 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Before National Lok Adalat, 
 
High Court of Judicature at Allahabad
 

 
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 193 of 2013
 

 
Appellant :- Uma Shankar Singh
 
Respondent :- Amar Nath Pandey And Another
 
Counsel for Appellant :- S.D. Ojha
 
Counsel for Respondent :- Saurabh Srivastava
 

 
Hon'ble Saumitra Dayal Singh,J.

The matter is listed before the National Lok Adalat.

Present appeal has been filed with some delay. Cause shown is sufficient. Accordingly, C.M. Delay Condonation Application No. 28194 of 2013 is allowed. Delay in filing the appeal is condoned.

Shri Saurabh Srivastava, learned counsel for the insurance company and Shri S.D. Ojha, learned counsel for the claimant are present.

A joint memo of settlement, signed by both counsel, has been placed on record. Accordingly, a settlement is shown to have been reached between the parties on the following terms:

"1. That the present appeal has been filed by the claimant seeking enhancement of the award passed by the tribunal below in MAC No. 62 of 2009.

2. That the appellant and respondent insurance co./ICICI Lombard General Insurance Co. Ltd. have arrived at a settlement whereby present appeal is being settled for a full and final consideration of Rs.3,60,000/- over and above the amount that has already been received by the claimant/appellant in terms of the award dated 13.8.2012.

3. That nothing beyond the above shall be payable to the claimant/appellant by the respondent insurance co. ICICI Lombard General Insurance Co. Ltd.

4. That the settlement/compromise is being done by the parties out of their own freewill without any coercion/influence."

The same is marked as 'X' and retained on record.

In the present circumstances arising from the spread of the pandemic Covid-19, the parties are not present in person. Hence, we have considered the statements made by their learned counsel in support of the memo of settlement submitted by them. The present appeal stands decided in terms of the settlement noted above.

Let a copy of this order be communicated to the parties by the Secretary, High Court Legal Services Committee, at Allahabad. Proof of service be placed on record.

In case, any party has a grievance to this order being passed without his/her consent, the said party would be at liberty to apply for recall of this order within one month of its communication. Failing any application being filed within such time, the amount so settled shall be released in favour of the claimant(s) immediately at the end of the period of one month therefrom, in terms of the judgment of the Hon'ble Supreme Court dated 16.03.2021 in Writ Petition(s) (Civil) No(s). 534/2020, Bajaj Allianz General Insurance Company Private Ltd. Vs. Union of India & Ors.

The original record of the Tribunal be returned forthwith.

Order Date :- 10.7.2021

AHA

(Kshitij Shailendra, Advocate) (S.D. Singh, J)