Allahabad High Court
Smt. Sunita Devi And 6 Ors. vs Sabir Ali And 3 Ors. on 10 July, 2021
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Before National Lok Adalat,
High Court of Judicature at Allahabad
Case :- FIRST APPEAL FROM ORDER No. - 435 of 2014
Appellant :- Smt. Sunita Devi And 6 Ors.
Respondent :- Sabir Ali And 3 Ors.
Counsel for Appellant :- Amit Kumar Sinha
Counsel for Respondent :- Aditya Singh Parihar,Sujeet Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
The matter is listed before the National Lok Adalat.
During pendency of the present appeal, appellant nos.6 and 7 - Smt. Subhadra Devi and Jagdish Pandey stated to have died. Civil Misc. Substitution Application No. Nil of 2021 filed within time, is on record. No objection has been filed thereto.
Accordingly, Civil Misc. Substitution Application No. Nil of 2021 is allowed. Learned counsel for the appellants may incorporate the substitution, during the course of the day.
Shri Aditya Singh Parihar, learned counsel for the insurance company and Shri Amit Kumar Sinha, learned counsel for the claimants are present. Also, the appellant nos.1 and 5 - Smt. Sunita Devi and Pradeep Kumar Pandey, duly identified by their counsel, are present.
A joint memo of settlement, signed by both counsel, has been placed on record. The appellant nos.1 and 5 - Smt. Sunita Devi and Pradeep Kumar Pandey have also signed the joint memo of settlement. Accordingly, a settlement is shown to have been reached between the parties on the following terms:
"1. That the present appeal had been filed by the claimants seeking enhancement of the award passed by the tribunal below in MACP no. 01 of 2008.
2. That the Appellants and the Respondent Insurance Co./ICICI Lombard Gen. Ins. Co. have arrived at a settlement whereby the present appeal is being settled for a full and final consideration of Rs. 4,30,000/- over and above the amount that has already been received by the claimants/appellants in terms of the award dated 8.11.2013.
3. That nothing beyond the above shall be payable to the Claimants/Appellants by the Respondent Insurance Co./ICICI Lombard Gen. Ins. 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 view of the above settlement reached having been reached, the present appeal stands decided in terms of the settlement noted above.
Let a copy of this order be communicated to the appellant nos. 2, 3 and 4 by the Secretary, High Court Legal Services Committee, at Allahabad. Proof of service be placed on record.
In case, appellant nos. 2, 3 and 4 have a grievance to this order being passed without his/her consent, they 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
Prakhar
(Kshitij Shailendra, Advocate) (S. D. Singh, J.)
