Allahabad High Court
Smt. Mithilesh Kumari Goyal And ... vs Smt. Ranjana Gupta And Another 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. - 2029 of 2011
Appellant :- Smt. Mithilesh Kumari Goyal And Another
Respondent :- Smt. Ranjana Gupta And Another
Counsel for Appellant :- Sanjay Agrawal,Abhijit Banerjee
Counsel for Respondent :- ,Arun Kumar Srivastava
Hon'ble Saumitra Dayal Singh,J.
1. The matter is listed before the National Lok Adalat.
2. Heard Sri Sandeep Agarwal, learned counsel for the appellant-claimants; Sri Aditya Singh Parihar, learned counsel for the insurance company and Sri Utkarsh Rai for the insurance company are present.
Re: Civil Misc. Delay Condonation Application No. 34595 of 2017 & Civil Misc. Recall/Restoration Application No. 34597 of 2017
3. Present appeal has been filed by the claimants against the award of the Motor Accident Claims Tribunal, Agra dated 27.11.2010 in MACP No. 457 of 2009 (Smt. Mithlesh Kumari Goyal & Anr. Vs. Smt. Ranjana Gupta & Anr.).
4. The above appeal came to be dismissed for want of prosecution, vide order dated 13.12.2016. On that, restoration application was filed with delay. The said proceedings has remained pending.
5. During pendency of the delay condonation application in restoration application filed in the above described appeal, parties have reached settlement.
6. The respondent insurer has no objection to the delay and/or restoration of the appeal to its original number and status.
7. A joint memo of settlement, duly 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 has been filed by the claimants/appellants against the Judgment/Award dated 27.11.2010 passed by MACT, Agra, in MACP No.457 of 2009.
2) That the Insurance Company (ICICI Lombard General Insurance Company Ltd.) and the claimants have arrived at an amicable settlement whereby the appeal is being settled for a full and final consideration of Rs. 7,14,000/- (Rupees Seven Lakhs and Fourteen Thousand Only) over and above the amount that has already been awarded and received by the claimants (if any).
3) That nothing beyond the above shall be payable to the claimants 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."
8. The same is marked as 'X' and retained on record.
9. In the present circumstances arising from the continuing effect of 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.
10. In view of the above settlement having been reached, the delay condonation application to the restoration application; restoration application and the appeal itself stand decided in terms of the settlement noted above.
11. 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.
12. In case, the appellants have grievance to this order being passed without their 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 claimants immediately at the end of the period of one month therefrom, directly into their bank account, in compliance of this order.
13. The original record of the Tribunal be returned forthwith.
14. 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.)
