Sohan Dei And 2 Others vs Rajesh And 2 Others
2021 Latest Caselaw 7446 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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

 
Case :- FIRST APPEAL FROM ORDER No. - 3407 of 2019
 

 
Appellant :- Sohan Dei And 2 Others
 
Respondent :- Rajesh And 2 Others
 
Counsel for Appellant :- Nigamendra Shukla,Anju Shukla
 
Counsel for Respondent :- Rahul Sahai
 

 
Hon'ble Saumitra Dayal Singh,J.

The matter is listed before the National Lok Adalat.

Shri Rahul Sahai, learned counsel for the insurance company and Shri Nigamendra Shukla, learned counsel for the claimants 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 had been filed by the claimants seeking enhancement of the award passed by the tribunal below in MAC No. 464 of 2016.

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.4,00,000/- over and above the amount that has already been received by the claimants/appellants in terms of the award dated 24.8.19.

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 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)