Allahabad High Court
The United India Insurance Co. ... vs Abhinav Garg Minor And Others on 14 May, 2022
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. - 1658 of 2000
Appellant :- The United India Insurance Co. Ltd. Alld.
Respondent :- Abhinav Garg Minor And Others
Counsel for Appellant :- A.C.Nigam
Counsel for Respondent :- Rajiv Sharma,Harsh Narayan Sharma
Hon'ble Saumitra Dayal Singh,J.
1. Shri Vipul Kumar, learned counsel alongwith Sri Vikash Kumar Singh, Assistant Manager for the appellant-insurance company and Sri Subhash Chandra, father of claimant no.1 are present.
2. The present appeal was filed against the award of the MACT, Muzaffar Nagar dated 14.08.2000 in MACP No. 311 of 1998 (Abhinav Garg Vs. Rashid & Ors.).
3. The claim arose out of injury suffered in a motor accident. The Tribunal awarded Rs. 50,000/- as compensation. The insurer in appeal has disputed the finding as to genuineness of the driving licence of the driver of the offending vehicle, bearing registration No. UP 12 B 6431.
4. The efforts to conciliate the parties were made. Initially, the officer of the appellant insurance company stated that though the amount is small, at the same time, in face of dispute as to the genuineness of the driving licence, the insurance company is not in a position to settle the dispute.
5. It was then suggested, any order that may be passed in the present appeal may never be treated as precedent as may bind the insurance company in such matter even for the purposes of settlement. Thus, no policy decision is being taken by the insurance company to settle all such matters to any extent.
6. In the peculiar facts of the present case where amount of compensation awarded is minimal. At our suggestion, the insurance company has then agreed to close matter in the peculiar facts of the present case. The appeal was filed in the year 2000. It has remained pending for 22 years. Only for the purposes of closure, the parties agreed to sign the form. It reads as below:
"1. This appeal when instituted had certain agruable issues but during pendency and the subsequent judgments of Apex Court as well as this Court, have covered those issues by deciding matters against appellant and no more arguable issue is now surviving, hence appellant finds no reason to continue with this appeal and is giving consent for dismissal of appeal as not pressed.
2. The appellant has moved this application by his/her free consent and without any coercion/pressure of any kind.
3. The whole decretal amount as awarded if not already paid shall to be paid within two months from today.
4. Amount deposited at the time of filing of appeal, if not already remitted to court below, be remitted forthwith and may be allowed to be withdrawn by respondent.
5. It is respectfully prayed that the appeal may be dismissed as withdrawn/not pressed.
6. This withdrawal shall not affect any right to contest in any other cross appeal arising out of same issue."
7. The same is marked as 'X' and retained on record.
8. Since the insurer-appellant does not wish to press the proceedings any further, the same are deemed settled as withdrawn.
9. This will bring to an end lis between the parties. Let this order be communicated to the Tribunal along with its records.
10. If the award under challenge or any part thereof has yet not been satisfied, the same shall be satisfied within one month from today.
11. Statutory deposit or any other amount deposited in this appeal shall be remitted to the Tribunal towards satisfaction of the award or be returned to the appellant, if the award has already been satisfied.
12. Interim order, if any, shall stand vacated.
13. In the event of failure on part of the insurer to pay the entire amount (if any) within the stipulated time, the insurer further agrees to pay interest @ 6% for the period beginning at the end of one month (from today), upto the date of actual payment.
Order Date :- 14.5.2022
Abhilash
.
(Nikhil Agrawal, Advocate) (S. D. Singh, J.)
