Tulsidas vs I.C.C.I. Lombard General ...
2022 Latest Caselaw 2791 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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

 
Case :- FIRST APPEAL FROM ORDER No. - 3098 of 2010
 

 
Appellant :- Tulsidas
 
Respondent :- I.C.C.I. Lombard General Insurance Co. Ltd. And Others
 
Counsel for Appellant :- Kripa Kant Pandey
 
Counsel for Respondent :- Amit Manohar
 

 
Hon'ble Saumitra Dayal Singh,J.

1. The matter is listed before the National Lok Adalat.

2. Shri Kripa Kant Pandey, learned counsel for the appellant; Shri Aditya Singh Parihar, learned counsel for the insurance company and; Shri Utkarsh Rai for the insurance company are present.

3. A joint memo of settlement duly signed by counsel and claimant, 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/appellant against the Judgment/Award dated 20.07.2010 passed by MACT Mathura, in MACP No.22/2009.

2) That the Insurance Company (ICICI Lombard General Insurance Company Ltd.) and the claimant have arrived at an amicable settlement whereby the appeal is being settled for a full and final consideration of Rs. 1,50,000/- (Rupees One lakh Fifty Thousand Only) over and above the amount that has already been awarded and received by the claimant (if any).

3) That nothing beyond the above shall be payable to the claimant by the Insurance Company (ICICI Lombard General Insurance Company Ltd.)

4) That the said settlement/compromise is being arrived at between the parties through mutual consent, of their own free will and without any undue influence/coercion."

4. Tulsidas who is claimant/appellant is present and has confirmed the terms of settlement noted above. He has been identified by his counsel Shri Kripa Kant Pandey.

5. The settlement is marked as 'X' and retained on record.

6. The appeal stands decided in terms of the settlement noted above.

7. 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.

8. The amount so settled shall be released in favour of the claimant immediately at the end of the period of six weeks from today, directly into his bank account, in compliance of this order.

9. In the event of failure on part of the insurer to pay the entire amount (if any) within stipulated time, the insurer further agrees to pay interest @ 6% for the period beginning at the end of six weeks (from today) up to the date of actual payment.

10. The original record of the Tribunal be returned forthwith.

Order Date :- 14.5.2022

Prakhar

(Nikhil Agrawal, Advocate) (S. D. Singh, J.)