Dismissed

Aneeta Devi and 2 Others v. Kiran Devi and 2 Others

Allahabad HC10 Jul 2021FAFOD/404/2019

Case brief

AI extract

What is this about?

National Lok Adalat, Allahabad, decided an appeal by settling an insurance claim dispute on a full and final consideration of Rs. 4,45,000, allowing the funds to be released after a one-month waiting period subject to no grievances.

What did the court decide?

Appeal settled for full and final consideration of Rs. 4,45,000/- to be released after one month if no grievance order application is filed.

Aneeta Devi and 2 Others Vs Kiran Devi and 2 Others — Insurance | Allahabad HC (2021)

¶1

Before National Lok Adalat, High Court of Judicature at Allahabad

¶2

Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 404 of 2019

¶3

Appellant :- Aneeta Devi And 2 Others Respondent :- Kiran Devi And 2 Others Counsel for Appellant :- Ram Singh,Amit Kumar Singh

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

The matter is listed before the National Lok Adalat.

¶6

Present appeal has been filed with some delay. Cause shown is sufficient. Accordingly, C.M. Delay Condonation Application No. 1 of 2019 is allowed. Delay in filing the appeal is condoned.

¶7

Shri Saurabh Srivastava, learned counsel for the insurance company and Shri Ram Singh, learned counsel for the claimants are present.

¶8

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:

¶9

" 1. That the present appeal has been filed by the claimant seeking enhancement of the award passed by the tribunal below in MAC No.63 of 2015 .

¶10

2. That the appellant and respondent insurance co./ICICI Lombard General Insurance Co. Ltd. have arrived at a settlement whereby present appeal is being settled for a full and final consideration of Rs. 4,45,000/- over and above the amount that has already been received by the claimant/appellant in terms of the award dated 18.05.2018.

¶11

3. That nothing beyond the above shall be payable to the claimant/appellant by the respondent insurance co. ICICI Lombard General Insurance Co. Ltd.

¶12

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

¶13

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

¶14

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.

¶15

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.

¶16

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 .

¶17

The original record of the Tribunal be returned forthwith.

¶18

Order Date :- 10.7.2021 AHA

¶19

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

Aneeta Devi and 2 Others v. Kiran Devi and 2 Others

Case brief

What is this about?

What did the court decide?

Aneeta Devi and 2 Others v. Kiran Devi and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Parties & counsel

Coram

Case details

Similar cases

J.M.Housing Ltd. Vs Deputy Commissioner Commercial Tax and 2 Others

Ajaj Mohammad Vs State of U.P.

Dhyan Singh and 2 Others Vs State of U.P. and Another

Smt. Meenakshi and Others Vs Phool Singh and Others

Gorey Lal Vs Anil Gupta and 2 Others

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