Shri Naryan Mishra and 5 Others v. I.C.I.C.I Lombard General Insurance Company Ltd. and 2 Others

Before the National Lok Adalat.

High Court of Judicature At Allahabad Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 2249 of 2022 Appellant :- Shri Naryan Mishra And 5 Others Respondent :- I.C.I.C.I Lombard General Insurance Company Ltd. And 2 Others Counsel for Appellant :- Amit Kumar Sinha,Deepali Srivastava Sinha Counsel for Respondent :- Aditya Singh Parihar Hon'ble Ms. Nand Prabha Shukla,J.

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

¶2The present appeal has been preferred by the appellants against the Judgement/award dated 28.09.2022 passed by Motor Accident Claims Tribunal, Kaushambi in M.A.C.P. No. 143 of 2015.

¶3Only appellant No.1 is present. All the appellants are represented through their counsel, Shri Amit Kumar Sinha (A/A0576/2012). Shri Apnil Sachan, Legal Officer of the Insurance Company identified by Shri Aditya Singh Parihar, 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. Accordingly, a settlement is shown to have been reached between the parties on the following terms: "2 (i). The appellant nos.1 to 6 shall be entitled to get Rs. 4,75,000/- (Rupees Four Lac and Seventy Five Thousand only) in full and final satisfaction of his/their claim from respondent No.1.

(ii) The amount due as above shall be deposited/ paid through cheque before the Tribunal concerned within 60 days from the date of receipt of copy of the order of the Hon'ble Court failing which interest @ 12% P.A. shall accrue from such date till payment.

(iii) That the parties have compromised the appeal out of their free consent and without any coercion/ pressure of any kind."

¶5The same is marked as 'X' and is retained on record.

¶6The 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.

¶7In view of the above settlement having been reached, the present appeal stands decided in terms of the settlement noted above.

¶8Let 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.

¶9In 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.

¶10It 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.

¶11The original record of the Tribunal be returned forthwith.

¶12This 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 Shivani (Mr. Ashutosh Gupta, Advocate) (Hon'ble Ms. Nand Prabha Shukla,J.) High Court of Judicature at Allahabad