The United India Insurance Co. ... vs Km. Elishba Lal & Anr.
2021 Latest Caselaw 8341 ALL

Citation : 2021 Latest Caselaw 8341 ALL
Judgement Date : 20 July, 2021

Allahabad High Court

The United India Insurance Co. ... vs Km. Elishba Lal & Anr. on 20 July, 2021

Bench: Manish Mathur




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- FIRST APPEAL FROM ORDER No. - 863 of 2005
 

 
Appellant :- The United India Insurance Co. Ltd. Thru Regional Manager
 
Respondent :- Km. Elishba Lal & Anr.
 
Counsel for Appellant :- Ramesh Chandra Sharma
 
Counsel for Respondent :- D.R.Singh Yadav,Deepak Kumar Agarwal,Mahesh Kumar Yadav,Neeta Tekwani,Sandeep Kumar Agarwal,Vaibhav Mishra
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for appellant and learned counsel for respondent No.1- claimant. No one has appeared on behalf of the respondent No.2.

First appeal from order has been filed under section 173 of the Motor Vehicles Act,1988 against judgment and award dated 5th September, 2005 in claim petition No. 344 of 2003 ( Km. Elishba Lal versus M/s United India Insurance Company limited and others). The claim petition was allowed awarding a sum of rupees nine lacs as compensation along with 6% interest per annum.

Application No. 74781 of 2021 has been filed with regard to releasing of the remaining amount in favour of the respondent No.1. In the affidavit filed in support of application, it has been stated that a settlement has been arrived at between the appellant and the respondent No.1 in the National Lok Adalat organized on 11th February, 2017. A memorandum of the compromise arrived at in the Lok Adalat has been brought on record as S.A.-1 to the affidavit. The compromise indicates that the claim of respondent No.1 has been compromised at Rs.13,15,383/- against which the respondent No.1 has earlier received Rs. 5,10,383/-. It is stated that remaining amount of compromise has been deposited with the Tribunal.

Mr. R.C. Sharma learned counsel for appellant admits that a settlement has been entered into between the appellant and the respondent No.1 in Lok Adalat.

In view of aforesaid, the appeal is allowed in terms of compromise which shall form a part of the decree. The Motor Accident Claims Tribunal is directed to release the outstanding amount of the settlement in favour of the respondent No.1 upon such an application being made.

Order Date :- 20.7.2021

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