Reliance General Insurance ... vs Balmiki Prasad & Others
2021 Latest Caselaw 900 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
            (Civil Miscellaneous Appellate Jurisdiction)
                   M.A. No. 189 of 2017
                          ........

Reliance General Insurance Company Limited ..... Appellant Versus Balmiki Prasad & Others ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellant : Mr. Sahay Gaurav Piyush, Advocate.

For the Respondents           :
                                ........
06/23.02.2021.

Learned counsel, Mr. Sahay Gaurav Piyush on the instruction of learned counsel for the appellant, Mr. Chandrajit Mukherjee has submitted that during pendency of the appeal, the parties have already amicably settled their dispute on 28.08.2020 before the Lok Adalat at Civil Court, Bokaro and full & final settlement amount of Rs.5,40,000/- has not been paid though they are ready to pay the same.

Learned counsel for the appellant has further submitted that the appeal has been preferred against the judgment /Award dated 28.09.2016 in Title Motor Vehicle Suit No.44/2010 passed by learned District Judge-II- cum- Presiding Officer, Motor Accident Claim Tribunal (M.A.C.T.), Bokaro, which has been settled between the parties.

Since nobody appears on behalf of respondents, as such, considering such affidavit brought on record, this Court is inclined to dispose of the appeal in view of the settlement arrived between the parties before the Lok Adalat on 28.08.2020.

It appears from annexture-'A' dated 04.11.2020 of I.A. No.816/2021 passed in Execution Case No.02/2017 arising out of Title Motor Vehicle Suit No.44/2010 the cheque has already been deposited before the Court below.

However, if the amount has not been disbursed, Insurance Company shall disburse the same within a period of four weeks.

Accordingly, the instant Miscellaneous Appeal is disposed of. The statutory amount deposited by the appellant at the time of preferring the appeal shall be remitted to the appellant by the learned Registrar General of this Court within a period of four weeks from the date of filing of the requisition.

All pending Interlocutory Applications are hereby closed. Let a copy of the order be sent to the Court below.

Jay/-                                    (Kailash Prasad Deo, J.)