Disposed

Smt. Meenakshi and Others v. Phool Singh and Others

Allahabad HC10 Jul 2021FAFO/584/2011

Case brief

AI extract

What is this about?

A first appeal before the National Lok Adalat, Allahabad, was disposed of upon a settlement reached through counsel for the claimants and insurance company. The appeal is settled for Rs. 6,00,000 over and above the existing award. Reference is made to the Supreme Court judgment regarding release of settlements passed without personal consent.

What did the court decide?

Settlement of the appeal for a full and final consideration of Rs. 6,00,000/- over and above the existing award.

Smt. Meenakshi and Others Vs Phool Singh and Others — Medical Negligence | 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. - 584 of 2011

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Appellant :- Smt. Meenakshi And Others Respondent :- Phool Singh And Others Counsel for Appellant :- Ram Singh Counsel for Respondent :- Sharve Singh

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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 Ram Singh, 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 MAC 633 of 2009.

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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. 6,00,000/- over and above the amount that has already been received by the claimants/appellants in terms of the award dated 25.11.10.

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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. Meenakshi and Others v. Phool Singh and Others

Case brief

What is this about?

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Smt. Meenakshi and Others v. Phool Singh and Others

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