Allahabad High Court
U.P. State Road Transport Corporation vs Smt. Anwari @ Anbari And Another on 8 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:33911 Court No. - 45 Case :- FIRST APPEAL FROM ORDER No. - 964 of 2021 Appellant :- U.P. State Road Transport Corporation Respondent :- Smt. Anwari @ Anbari And Another Counsel for Appellant :- Praveen Kumar,Sanjeev Kumar Yadav Counsel for Respondent :- Gaurav Singh,Lal Vijai Singh Hon'ble Vikas Budhwar,J.
1. The matter has been listed before the National Lok Adalat.
2. Sri Ramanuj Pandey, learned counsel for the appellant and Sri Dilip Kumar Shukla ( AOR A/D 0748/22) holding brief of Sri Gaurav Singh for the claimants.
3. A substitution application No. Nil of 2024 dated 13.09.2024 has been filed by the counsel for the original claimants wherein in para No. 3, it has been asserted that Respondent No. 1 expired on 20.06.2024 and the Respondent No. 2 also expired. Thus, substitution is being sought of the legal heirs being son & daughter of the Respondents No. 1/1 and 1/2 being Aslam and Sabila resident of Village Daulatpur Khurd Sanpur Debai, District Bulandshahr.
4. There is no opposition to the substitution application.
5. Accordingly, substitution application is allowed.
6. Let the parties be substituted during the course of the day.
Order on Appeal
7. A joint memo of settlement, duly signed by learned counsel for the claimants and the executive of the insurance company, has been placed on record. Accordingly, a settlement is shown to have been reached between the parties on the following terms:
i) Respondent No. 1/1 and 1/2 shall be entitled to get Rs. 7,50,400 and 4% (Seven Lac Fifty Thousand Four Hundred and 4% interest) in full and final satisfaction of their claim from the appellant/respondent.
ii) This amount already deposited/received/paid shall be adjusted towards the total amount due.
iii) The amount due as above shall be deposited/paid through cheque within 30 days from the date of copy of the order of the Hon'ble Court, failing which interest @ 12 % P.?. shall accrue from such date till payment.
8. In view of the above settlement having been reached, the present appeal stands decided in terms of the settlement noted above.
9. 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.
10. In case, the appellants have any grievance to this order being passed without their consent, they 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 immediately at the end of the period of one month therefrom, directly into their bank account, in compliance of this order.
11. The original record of the Tribunal be returned forthwith.
12. In the event of failure on part of the appellant to pay the entire amount within 30 days as stipulated in clause (i) & (iii) of para 2 of the memo of compromise then the newly substituted heirs (parties) shall be entitled to pay interest @ 12% P.A. for the period beginning after 30 days of receipt of order of the Court.
Order Date :- 8.3.2025 Rajesh (Ashutosh Gupta, Adv.) (Vikas Budhwar, J.)