Allowed

Gorey Lal v. Anil Gupta and 2 Others

Allahabad HC10 Jul 2021FAFO/177/2018

Case brief

AI extract

What is this about?

The National Lok Adalat at Allahabad decided the present appeal on the basis of a joint memo of settlement filed by the counsel of the appellant claimant and the respondent insurance company. In the absence of the parties due to the pandemic, the court sanctioned the settlement terms. The appeal is allowed based on the settlement, with the amount to be released immediately unless a recall applicat

What did the court decide?

Full and final settlement amount of Rs. 8,13,700/ over and above the awarded amount, to be released unless the order is recalled within one month.

Gorey Lal Vs Anil Gupta and 2 Others — Banking and Recovery | 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. - 177 of 2018

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Appellant :- Gorey Lal Respondent :- Anil Gupta And 2 Others Counsel for Appellant :- Ram Singh,Amit Kumar Singh Counsel for Respondent :- Rahul Sahai,Suresh Chandra Gupta

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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 Ram Singh, learned counsel for the claimant 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 MAC 47 of 2015.

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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. 8,13,700/- over and above the amount that has already been received by the claimants/appellants in terms of the award dated 4.12.17.

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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)

Gorey Lal v. Anil Gupta and 2 Others

Case brief

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Gorey Lal v. Anil Gupta and 2 Others

Case brief

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