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State Consumer Disputes Redressal Commission

Harpyari vs /Icici Gic on 27 February, 2016

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

            PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

                               FIRST APPEAL No. 167 /2011.

                                DECIDED ON : 27.2.2016.


                                Smt. Harpyari Bai,
                                w/o Shri Antram,
                                r/o Gram Bagaspur,
                                Tehsil Obedullaganj,
                                District Raisen (M.P.).

                                                    ....APPELLANT.

                                       VERSUS

                                ICICI General Insurance Company
                                & another.

                                                    ....RESPONDENTS.

BEFORE:

HON'BLE SHRI JUSTICE RAKESH SAKSENA, PRESIDENT

HON'BLE SMT. NEERJA SINGH, MEMBER


COUNSEL APPEARING FOR THE PARTIES :

MS. MONA PALIWAL, LEARNED COUNSEL FOR APPELLANT.

SHRI ADITYA SHARMA, LEARNED COUNSEL FOR RESPONDENT NO.1.

NONE FOR RESPONDENT NO.2.


                                 ORDER

The following order of the Commission was delivered by Rakesh Saksena, J. :

Appellant / complainant has filed this appeal against the order dated 6.9.2010 passed by District Forum, Raisen in CC No.39/2009 whereby the complaint filed by her has been dismissed.
- 2-

2. Learned counsel for the parties at this stage submit that the matter in dispute has been settled between the parties outside the Court and it has been agreed that the respondent / Insurance Company shall pay a lump-sum amount of Rs.70,000/- inclusive of interest, cost and compensation to the complainant in lieu of her claim, therefore, this appeal be disposed of in terms of the said settlement arrived at between the parties.

3. Ms. Mona Paliwal, counsel for appellant / complainant has admitted the aforesaid settlement. She submits that the complainant agreed and authorised her to settle the dispute as stated above.

4. We find the aforesaid settlement voluntary and just in the circumstances of the case. Accordingly, we dispose of this appeal according to the settlement entered into between the parties. Learned counsel for the respondent no.1 / Insurance Company shall deposit the aforesaid settled amount in the District Forum within 60 days from today. The appellant / complainant shall be at liberty to withdraw the said amount. The appeal stands disposed of accordingly.

(Justice Rakesh Saksena)                                (Smt. Neerja Singh)
    PRESIDENT                                              MEMBER