Khalil Ahmad vs Khursida Begum And 3 Others
2023 Latest Caselaw 15869 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:111239
 
Before National Lok Adalat, 
 
High Court of Judicature at Allahabad
 

 
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1331 of 2013
 

 
Appellant :- Khalil Ahmad
 
Respondent :- Khursida Begum And 3 Others
 
Counsel for Appellant :- Ashutosh Upadyay
 

 
Hon'ble Anish Kumar Gupta,J.

Mr. Avind Kumar Singh, Advocate

1. Ms. Deepali Srivastava Sinha, Advocate has filed Vakaltnama on behalf of appellant which is taken on record.

2. Learned Counsel for the appellant as well as learned counsel of the Insurance Company Shri Parihar jointly submitted a compromise deed, which is taken on record.

3. Both the learned counsel for the parties have jointly submitted a settlement/compromise deed arrived at between the parties with due authorisation on the following terms and conditions;

"i) That the present appeal has been filed by Claimants against the Judgment / Award dated 29.11.2012 passed by MACT Allahabad in MACP No. 15/2009.

ii) That the Insurance Company (ICICI Lombard General Insurance Company Ltd.) and the Claimant/s has/have arrived at a compromise, whereby the present appeal is being amicably settled for a full and final consideration of Rs. 3,25,000/- (Three Lakh and Twenty Five Thousands Only) over and above the amount that has already been paid to the claimants.

iii) That the said amount is inclusive of Interest and no additional Interest shall be payable on the amount of compromise.

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

v) 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. As per the compromise/settlement deed, the appellant shall be entitled to get a sum of Rs.3,25,000/- over and above the amount awarded by the Tribunal from the Insurance Company.

5. The respondent-Insurance Company shall pay/deposit the aforesaid amount within 60 days to the appellant from the receipt of a certified copy of the order of this Court, failing which, the appellant shall also be entitled for an interest @ 6% per annum from such date till actual payment.

6. 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.

7. Parties to act as per compromise deed.

8. This appeal is disposed off in view of the aforesaid settlement between the parties.

Order Date :- 21.5.2023

SFH

( Mr.Arvind Kumar Singh, Advocate ( Anish Kumar Gupta,J.)