Disposed

Smt. Rati and Another v. Saroj Kumar Jaswal and Another

Allahabad HC3 Oct 2021FAFO/1113/2013

Case brief

AI extract

What is this about?

National Lok Adalat allowed a first appeal from an insurance claim dispute based on a joint memo of settlement between the claimants and ICICI Lombard General Insurance Company for Rs. 3,60,000. The appeal stands settled, with reliefs conditioned on the insurer's payment.

What did the court decide?

The appeal settled for Rs. 3,60,000 full and final; order to release amount upon insurer's deposit with 6% interest if delayed; liberty to apply for recall within one month.

Smt. Rati and Another Vs Saroj Kumar Jaswal and Another — Insurance | Allahabad HC (2021)

¶1

Before National Lok Adalat, High Court of Judicature at Allahabad

¶2

Case :- FIRST APPEAL FROM ORDER No. - 1113 of 2013

¶3

Appellant :- Smt. Rati And Another Respondent :- Saroj Kumar Jaswal And Another Counsel for Respondent :- Pawan Kumar Singh

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

The matter is listed before the National Lok Adalat.

¶6

Shri Pawan Kumar Singh, learned counsel for the insurance company and Shri S.D. Ojha, learned counsel for the claimants are present.

¶7

A joint memo of settlement, signed by both counsel, has been placed on record. Accordingly, a settlement is shown to have been reached between the parties on the following terms:

¶8

"1. That the present appeal had been filed by the claimants seeking enhancement of the Judgment/Award dated 13.2.13 passed by MACT, Meerut in MACP No.884/2010.

¶9

2. That the Insurance Company (ICICI Lombard General Insurance Companty Ltd.) and the Claimants have arrived at an amicable settlement whereby the appeal is being settled for a full and final consideration of Rs.3,60,000/- (Rupees Three Lakh and Sixty Thousand Only) over and above the amount that has already been received by the claimants (if any).

¶10

3. That nothing beyond the above shall be payable to the Claimants by the Insurance Company (ICICI Lombard General Insurance Company Ltd.)

¶11

4. 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."

¶12

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

¶13

In the present circumstances arising from the spread of the pandemic Covid-19, the parties are not present in person. Hence, we have considered the statements made by their learned counsel in support of the memo of settlement submitted by them.

¶14

The present appeal stands decided in terms of the settlement noted above.

¶15

Let a copy of this order be communicated to the parties by the Secretary, High Court Legal Services Committee,

¶16

at Allahabad. Proof of service be placed on record.

¶17

In case, any party has a grievance to this order being passed without their consent, the said party 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 favour of the claimants in the same proportion, as has been awarded by the Tribunal under the impugned award, to the extent possible, within one month from today, in terms of the judgment of the Hon'ble Supreme Court dated 16.03.2021 in Writ Petition(s) (Civil) No(s). 534/2020, Bajaj Allianz General Insurance Company Private Ltd. Vs. Union of India & Ors.

¶18

The original record of the Tribunal be returned forthwith.

¶19

Once the amount is deposited by the insurer with the Tribunal, the same may be released in favour of the claimants/appellants, directly into their bank account.

¶20

In the event of failure on part of the insurer to pay the entire amount (if any) within the stipulated time, the insurer further agrees to pay interest @ 6% for the period beginning at the end of one month (from today), upto the date of actual payment.

¶21

Order Date :- 3.10.2021 S.Chaurasia

¶22

(Kshitij Shailendra, Advocate) (S.D. Singh, J.)

Smt. Rati and Another v. Saroj Kumar Jaswal and Another

Case brief

What is this about?

What did the court decide?

Smt. Rati and Another v. Saroj Kumar Jaswal and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rahul Keshri Alias Pullu Kesari Vs State of U.P.

Irfan and Another Vs State of U.P.

Mubarak and Another Vs State of U.P.

Geeta Devi and 4 Ors. Vs Jackie Kumar and 2 Ors.

Garima Singh Vs Amar Nath Pandey and Another

Dhanshila Devi and Others Vs Mohd. Kamal and Another