In Micro Level E-Lok Adalat, the court recorded a compromise between an insurance company and claimants, modifying the awarded amount to Rs.45,000 with 6% interest, directing payment within eight weeks, and allowing recovery from the vehicle owner thereafter.
Modified award of Rs.45,000 at 6% interest payable within eight weeks; court fee waived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MACA No. 1373 of 2017 1
Learned counsel for the appellant-insurance company Mr Adam Ali Khan and learned counsel for the for the respondent- claimants Mr P.K Mishra are present. The memo of compromise arrived at between the parties be kept on record.
As agreed by the parties, the awarded amount of Rs.55,755/- is modified and reduced to Rs.45,000/-. Further, the modified amount of Rs.45,000/- shall carry interest at the rate of 6% per annum from the date of claim petition and shall be paid within eight weeks .
It is further directed that the appellant-Insurance Company shall deposit the modified amount along with interest as directed above within a period of eight weeks from today. On depositing the said amount, the same shall be disbursed to the claimants as per the order of the Tribunal.
On production of proof regarding deposit of the modified amount along with the interest before the Tribunal, the statutory deposit along with accrued interest be refunded to the Insurance Company on proper application.
The Insurance Company shall be at liberty to recover the amount from the owner of the vehicle, if recoverable, in accordance with law.
As the settlement is arrived at before the Lok
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Adalat, no court fee shall be levied on the claimants.
The MACA is accordingly disposed of. As Lock-down period is continuing for COVID-19, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587 dated 25.03.2020.
Bichi
Savitri Ratho, J. (Micro Level E-Lok Adalat)
Appellant-Insurance Company
Respondent- Claimants
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
