Partly allowed

Smt. Shivrani and 2 Others v. Amit Kumar and 3 Others

Allahabad HC10 Jul 2021FAFO/120/2018

Case brief

AI extract

What is this about?

The National Lok Adalat disposed of a first appeal arising from an insurance claim by recording a joint memo of settlement. The court approved a full and final settlement amount and directed release of funds upon compliance with a cooling-off period.

What did the court decide?

The appeal was disposed of in terms of the settlement for a full and final consideration of Rs. 3,50,000.

Smt. Shivrani and 2 Others Vs Amit Kumar and 3 Others — Insurance | Allahabad HC (2021)

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Before National Lok Adalat, High Court of Judicature at Allahabad

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Case :- FIRST APPEAL FROM ORDER No. - 120 of 2018

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Appellant :- Smt. Shivrani And 2 Others Respondent :- Amit Kumar And 3 Others Counsel for Appellant :- Vidya Kant Shukla Counsel for Respondent :- Rahul Sahai

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Hon'ble Saumitra Dayal Singh,J.

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The matter is listed before the National Lok Adalat.

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Shri Rahul Sahai, learned counsel for the insurance company and Shri Vidya Kant Shukla, learned counsel for the claimants are present.

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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:

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" 1. That the present appeal had been filed by the claimants seeking enhancement of the award passed by the tribunal below in MACP 171 of 2014.

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2. That the Appellants and the Respondent Insurance Co./ICICI Lombard Gen. Ins. Co. have arrived at a settlement whereby the present appeal is being settled for a full and final consideration of Rs. 3,50,000/- (3,50,000) over and above the amount that has already been received by the claimants/appellants in terms of the award dated 6/10/17.

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3. That nothing beyond the above shall be payable to the Claimants/Appellants by the Respondent Insurance Co./ICICI Lombard Gen. Ins. Co. Ltd.

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4. That the settlement/compromise is being done by the parties out of their own freewill without any coercion/influence. "

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

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

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

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In case, any party has a grievance to this order being passed without his/her 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 claimant(s) immediately at the end of the period of one month therefrom, 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 .

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The original record of the Tribunal be returned forthwith.

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Order Date :- 10.7.2021 AHA

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

Smt. Shivrani and 2 Others v. Amit Kumar and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Shivrani and 2 Others v. Amit Kumar and 3 Others

Case brief

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What did the court decide?

What the court decided

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