Allahabad High Court
Sri Kalua vs Sri Daudayal 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. - 2201 of 2009
Appellant :- Sri Kalua
Respondent :- Sri Daudayal And Others
Counsel for Appellant :- Shri Krishna Shukla
Counsel for Respondent :- Amit Manohar
Hon'ble Saumitra Dayal Singh,J.
1. The matter is listed before the National Lok Adalat.
2. Sri Shrikrishna Shukla, 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. 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 claimant/appellant against the Judgment/Award dated 31.03.2009 passed by MACT, Agra, in MACP No.286 of 2008.
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. 3,50,000/- (Rupees Three Lakh and 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. The same is marked as 'X' and retained on record.
5. In the present circumstances arising from the continuing effect of the spread of the pandemic COVID-19, the claimant is not present in person. Hence, we have considered the statements made by his learned counsel in support of the memo of settlement submitted by him.
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. In case, the appellant has a grievance to this order being passed without his consent, he 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 claimant immediately at the end of the period of one month therefrom, 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 one month (from today), upto the date of actual payment.
Order Date :- 14.5.2022
Abhilash
.
(Nikhil Agrawal, Advocate) (S. D. Singh, J.)
