Partly allowed

Dhanshila Devi and Others v. Mohd. Kamal and Another

Allahabad HC3 Oct 2021FAFO/3180/2009

Case brief

AI extract

What is this about?

This order before the National Lok Adalat records a compromise deed settling the first appeal filed against a Motor Accident Claims Tribunal award. The settlement involves a sum of Rs. 7,50,000 as full and final consideration.

What did the court decide?

A sum of Rs. 7,50,000 to be paid to claimants within one month into their designated bank account. Interest at 6% if payment is delayed. Settlement deemed full and final.

Dhanshila Devi and Others Vs Mohd. Kamal and Another — 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. - 3180 of 2009

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Appellant :- Dhanshila Devi And Others Respondent :- Mohd. Kamal And Another Counsel for Appellant :- Ashish Agarwal Counsel for Respondent :- Amit Manohar

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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 Aditya S. Parihar, learned counsel for the insurance company and Shri Ashish Agarwal, learned counsel for the claimants are present.

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A joint memo of settlement duly signed by counsel and claimant, 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 appeal being FAFO No.3180/2009 has been filed by Dhanshila Devi & Ors. against the Judgment/Award dated 18/07/2009 passed by MACT Moradabad, in MACP No.379/08.

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2) That the Insurance Company (ICICI Lombard General Insurance Company Ltd.) and the claimants have arrived at an amicable settlement whereby the appeals are being settled for a full and final consideration of Rs.7,50,000/(Rupees Seven Lakhs Fifty Thousand Only) over and above the amount that has already been received by the claimants (if any).

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

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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."

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

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Appellant no.1 (Dhanshila Devi) who is a claimant/appellant is present and has confirmed the terms of settlement noted above, on her behalf as also on behalf of her children/other appellants. The 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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The amount so settled shall be released in favour of the claimant(s) immediately within a period of one month directly into the bank account of the claimant no.1 (Dhanshila Devi) in State Bank of India, Civil Lines Branch, Moradabad, being A/c No.31474837460 (IFS Code : SBIN0000682).

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

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The original record of the Tribunal be returned forthwith.

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Order Date :- 3.10.2021 S.Chaurasia

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

Dhanshila Devi and Others v. Mohd. Kamal and Another

Case brief

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Dhanshila Devi and Others v. Mohd. Kamal and Another

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