Allahabad High Court
Smt. Lakshmi Devi Kushwaha And 5 Others vs Rajesh Kumar And Another on 12 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Before National Lok Adalat, High Court of Judicature at Allahabad Court No. - 45 Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 967 of 2013 Appellant :- Smt. Lakshmi Devi Kushwaha And 5 Others Respondent :- Rajesh Kumar And Another Counsel for Appellant :- Rishikesh Tripathi Counsel for Respondent :- P.R.Maurya Hon'ble Vikas Budhwar,J.
The matter is listed before the National Lok Adalat.
Sri Rishikesh Tripathi, learned counsel for the claimants and Sri Utkarsh Rai, for the insurance company identified by Sri Aditya Singh Parihar, Advocate are present. Sri Aditya Singh Parihar, Advocate is also present.
A joint memo of settlement, duly signed by learned counsel for the appellants 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:
"1. That the present appeal had been filed by the Claimants/Appellants against the Judgement/award dated 18.01.2013 passed by MACT, Jhansi in MACP No. 662/2011.
2) That the Insurance Company and the claimants have arrived at an amicable settlement whereby the appeal is being settled for a full and final consideration of Rs.3,80,000/- over and above the amount that has already been awarded and received by the claimants (if any).
3) That nothing beyond the above shall be payable to the claimants by the Insurance Company.
4) That the said settlement/compromise is being arrived at between the parties through mutual consent, of their own free will and without any undue influence/coercion."
The same is marked as 'X' and retained on record.
In view of the above settlement having been reached, the present appeal stands decided in terms of the settlement noted above.
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.
In case, the appellants have a 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.
The original record of the Tribunal be returned forthwith.
In the event of failure on part of the insurer to pay the entire amount (if any) within the stipulated time, the insurer further agrees to pay interest @ 6% for the period beginning at the end of one month (from today), upto the date of actual payment.
Order Date :- 12.11.2022 Nisha (Kshitij Shailendra, Adv.) (Vikas Budhwar, J.)