A settlement before the National Lok Adalat where an applicant for substitution of heirs and the Insurance Company agreed to pay Rs. 2,25,000 in full and final satisfaction of the claim.
Settlement allowed for payment of Rs. 2,25,000 by the Insurance Company within 60 days, failing which interest at 6% p.a. is payable.
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Before National Lok Adalat. High Court of Judicature at Allahabad
Court No. - 45
Case :- FIRST APPEAL FROM ORDER No. - 3643 of 2008
Appellant :- Shree Krishna Tripathi Respondent :- Ravindra Kushwaha And Another Counsel for Appellant :- Mohd.Naushad Siddiqui
Hon'ble Piyush Agrawal,J. Mr. Kshitij Shailendra, Advocate
Civil Misc. Substitution Application No. of 2022.
This is an application for substituting the heirs and legal representatives of appellant who died on 25.12.2016. The applicant is within time. Learned counsel for the respondent states that he has no objection in case the application is allowed.
Accordingly the application is allowed. Let the name of appellant be struck of from the array of parties and in his place the names of his heirs and legal representatives mentioned in the prayer clause of the application be substituted as appellant 1/1 and 1/2.
The appellant is permitted to make necessary amendment in the array of parties during the course of the day.
The matter is listed before the National Lok Adalat.
Heard Shri Aditya Singh Parihar, learned counsel for the claimant(s) and Shri Arun Kumar Shukla, learned counsel for the Insurance Company are present.
The parties have agreed upon settlement of this appeal on the following terms and conditions:-
"(i). The appellant/s shall be entitled to get Rs. 2,25,000 (Rs. Two Lakh & Twenty five Thousand Only) in full and final satisfaction of his / their claim from respondent/ Insurance Company i.e. The New India Assurance Co. Ltd.
(ii). This amount shall be in addition to and over and above the amount that has already been received by the claimants.
(iii). The insurance company shall not pay any interest on the compromised/ settled amount.
(iv). The amount due as above shall be deposited / paid by the Insurance Company within 60 days from the date of receipt of copy of the order of the Hon'ble Lok Adalat, failing which interest @ 6 % P.A. shall be paid for
subsequent period i.e. after two months from the date of award till payment is made."
Nothing beyond the above shall be payable to the appellant(s) by the Insurance Company.
The said settlement/compromise is being arrived at between the parties through mutual consent, out of their own free will and without any undue influence/coercion.
Parties to act as per the compromise deed.
This appeal is disposed of in view of the settlement between the parties.
In case, the appellant has a grievance to this order being passed without his/her consent, he/she 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.
The original record of the Tribunal be returned forthwith.
Once the amount is deposited by the insurer with the Tribunal, the same may be released in favour of the claimant(s)/appellant(s), directly into his/her bank account.
Order Date :- 13.8.2022 samz
(Kshitij Shailendra, Advocate) (Piyush Agrawal, J.)
Digitally signed by SYED AKHTARMOHAMMAD MEQDAD Date: 2022.08.16 15:09:05 IST Reason: Location: High Court of Judicature at Allahabad
Shree Krishna Tripathi
Ravindra Kushwaha
The New India Assurance Co. Ltd.
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
