Disposed

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

Allahabad HC3 Oct 2021FAFOD/1016/2018

Case brief

AI extract

What is this about?

The National Lok Adalat allowed the appeal in terms of a settlement agreement between the insurance company and claimants for Rs. 3,50,000 as full and final consideration, referencing a Supreme Court judgment regarding interest and release of funds.

What did the court decide?

Appeal settled for Rs. 3,50,000; insurer to pay 6% interest on any delayed payment beyond one month.

Geeta Devi and 4 Ors. Vs Jackie Kumar and… — Contract and Commercial Disputes | 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 DEFECTIVE No. - 1016 of 2018

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Appellant :- Geeta Devi And 4 Ors. Respondent :- Jackie Kumar And 2 Ors. Counsel for Appellant :- Ankur Mehrotra,Ankur Goyal Counsel for Respondent :- Aditya Singh Parihar

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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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Present appeal has been filed with a delay of 304 days. Cause shown is sufficient. Accordingly, Civil Misc. Delay Condonation Application No. 1 of 2018 is allowed. Delay in filing the appeal is condoned.

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Heard Shri Ankur Mehrotra, learned counsel for the claimants-appellants and Sri Aditya Singh Parihar, learned counsel for the insurance company. Also, appellants-Geeta Devi, Raju, Arti Kumari, Chandni Kumari and Suraj Kumar are present in person, who have been identified by their counsel Sri Ankur Mehrotra.

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A joint memo of settlement, signed by both counsel and appellants, 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 has been filed by the claimants seeking enhancement of the Judgment/Award dated 27.07.2017 passed by MACT, Varanasi in MACP No. 41/2016.

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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.3,50,000/- (Rupees Three Lakhs and 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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In view of the above settlement having been reached, the

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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 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/appellant no.1, as has been stated by other appellants upon specific query made to them, 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.

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The original record of the Tribunal be returned forthwith.

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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.

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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.

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Order Date :- 3.10.2021 Abhilash

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

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

Case brief

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

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