Smt. Kamlesh Kumari And Others vs Anees Khan And Others
2023 Latest Caselaw 21247 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:160665
 
Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1019 of 2005
 

 
Appellant :- Smt. Kamlesh Kumari And Others
 
Respondent :- Anees Khan And Others
 
Counsel for Appellant :- Ram Singh
 
Counsel for Respondent :- Shreesh Srivastava,Nripendra Mishra
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. Heard learned counsel for the appellant and learned counsel for the respondent.

2. The appeal has been filed against the judgment and award dated 7.1.2005 by Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Fatehpur in M.A.C.P. No. 89 of 2002 awarding compensation of Rs.2,13,500/- with interest at the rate of 6%.

3. After lot of persuasion in this matter, the respondent Insurance Companies has thought it fit to enter into conciliation.

4. The appellant has agreed to accept the amount of Rs.5,50,000/- over and above the amount awarded by the Tribunal in full and final settlement of claim from respondent-Insurance Company with interest as decided by the Tribunal/settlement.

5. There is no dispute on other aspects. The judgment impugned has been accepted by the Insurance Company. There is no issue of negligence, hence, the settlement by and between the parties are accepted by this Court.

6. In view of the above, this appeal is disposed of. The above amount be deposited with interest as decided by the Tribunal as we have not enhanced the rate of interest decided by the Tribunal.

7. The amount due as above shall be deposited/paid by the Insurance Co. within 8 week's from the date of receipt of copy of the order of this Court, failing which interest @ 6% P.A. shall be paid for subsequent period i.e. after two months from the date of award till payment is made."

8. Parties to act as per the above compromise. The judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent.

9. We are thankful to the officers of the Insurance Company for amicably settling the dispute.

Order Date :- 8.8.2023/PS