Vidya Niwas Jaisawal v. Icici Lombard General Insurance Co. Ltd. and 3 Others

BEFORE THE NATIONAL LOK ADALAT, HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 48 Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 507 of 2016 Appellant :- Vidya Niwas Jaisawal Respondent :- Icici Lombard General Insurance Co. Ltd. And 3 Others Counsel for Appellant :- Satyendra Nath Tiwari Counsel for Respondent :- Saurabh Srivastava Hon'ble Ms. Nand Prabha Shukla,J.

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

¶2The present appeal has been preferred by the appellant against the Judgement/award dated 20.07.2015 passed by Motor Accident Claims Tribunal/Additional District Judge, Fast Track Court, Court No.27, Deoria in M.A.C.P. No.03 of 2012.

¶3Appellant is not present, but he is represented through his counsel, Shri Satyendra Nath Tiwari (A/S 0651/12). Shri Apnil Sachan, Legal Officer of the Insurance Company identified by Shri Saurabh Srivastava Advocate is also present.

¶4A joint memo of settlement/compromise dated 09.12.2023, duly signed by learned counsel for the claimants and the executive of the insurance company as well as counsel for the insurance company has been placed on record.

¶5The parties have entered into compromise on the condition that the appellant, Vidya Niwas Jaisawal, who is the owner of the vehicle, was supposed to pay the balance amount to the Insurance Company. The said amount has been forgone by the Insurance Company. Learned counsel for the Insurance Company undertakes that it would not press for recovery of the balance amount against the appellant.

¶6The same is marked as 'X' and is retained on record.

¶7The said settlement is deemed to have been arrived at in consonance with the requirements of Order XXIII Rule 3 of the Code of Civil Procedure as applicable in the State of U.P.

¶8In view of the above settlement having been reached, the present appeal stands decided in terms of the settlement noted above.

¶9Let a copy of this order be communicated to the parties by the Office of Secretary, High Court Legal Services Committee, at Allahabad. Proof of service be placed on record.

¶10In case, the appellant(s) has/have a grievance to this order being passed without his/her/their consent, he/she/they 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 terms of this settlement immediately at the end of the period of two months therefrom, directly into their bank account, in compliance of this order.

¶11It is made clear that in case, recall of this order is sought after the amount stands transferred in the bank account of the claimant(s), the amount of compensation so received in the account shall be deposited by the claimant(s) alongwith filing of the recall application, failing which, the recall application shall not be entertained. The amount so deposited shall be remitted back to the insurance company during the pendency of the recall application.

¶12The original record of the Tribunal be returned forthwith.

¶13This Court records appreciation of learned counsel for both the sides as well as representative of the Insurance Company because of whose joint efforts this old matter could be settled and disposed of in the above terms. Order Date :- 9.12.2023 Atul (Mr. Ashutosh Gupta, Advocate) (Hon'ble Ms. Nand Prabha Shukla, J.) High Court of Judicature at Allahabad