Lalji Dwivedi vs Rajendra Kumar Tiwari And Another
2022 Latest Caselaw 2793 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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

 
Case :- FIRST APPEAL FROM ORDER No. - 162 of 2019
 

 
Appellant :- Lalji Dwivedi
 
Respondent :- Rajendra Kumar Tiwari And Another
 
Counsel for Appellant :- Shailesh Mani Tripathi
 
Counsel for Respondent :- Saurabh Srivastava,Rajesh Kumar Asthana
 

 
Hon'ble Saumitra Dayal Singh,J.

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

2. Sri Shailesh Mani Tripathi, learned counsel for the appellant-claimant; Sri Aditya Singh Parihar, learned counsel for the insurance company and Sri Utkarsh Rai for the insurance company are present.

3. The sole claimant Lalji Dwivedi is present who has been identified by his counsel Sri Shailesh Mani Tripathi.

4. A joint memo of settlement, duly signed by both counsel and the 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 26.11.2015 passed by MACT, Kanpur Nagar, in MACP No.1040 of 2010.

2) That the Insurance Company (ICICI Lombard General Insurance Company Ltd.) and the claimants have arrived at an amicable settlement whereby the appeals are being settled for a full and final consideration of Rs. 1,50,000/- (Rupees One Lakh and Fifty 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."

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

6. In view of the above settlement having been reached, the present 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. The original record of the Tribunal be returned forthwith.

10. 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 six weeks (from today), upto the date of actual payment.

Order Date :- 14.5.2022

Abhilash

.

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