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Punjab-Haryana High Court

Geeta Devi vs Rajesh And Ors on 3 June, 2016

Daily Lok Adalat                                           Bench No.2.
                                                                      510
                      CM No.12246-CII of 2016 in
                      FAO No.3300 of 2015

             Geeta Devi Vs. Rajesh and ors.

Present:     Mr.Parveen Sharma, Advocate,
             for the appellant.

             Mr.Punit Jain, Advocate,
             for respondent No.3 - Cholamandalam MS Gen. Ins. Co. Ltd.

             ****

Vide order dated 27.05.2016, this FAO was disposed of finally with the direction to the respondent - Insurance Company to brought cheque for Rs.1,00,000/- in the name of appellant - Smt.Geeta Devi wife of late Shri Neeraj with the office of the Lok Adalat of the High Court on or before 15.07.2016, in compliance of this order, failing which, interest @ 9% per annum was ordered to be followed on this amount till payment from the date of this order.

However, C.M. No.12246-CII of 2016 has been filed by learned counsel for the appellant stating therein that appellant was actually of unsound mind due to injuries sustained by her in the accident and the present appeal was filed through her mother-in-law, Smt.Krishana wife of Sukhbir Singh, and it was by inadvertence that he had made a statement to the effect that cheque in question be issued in the name of appellant - Smt. Geeta Devi. By this C.M., he has prayed that necessary correction be made and the cheque in question be ordered to be issued in the name of Smt.Krishana wife of Sukhbir Singh, through whom the claim petition and the present appeal has been filed. Notice of this application was given to learned counsel for the respondent - Insurance Company, who has accepted the same and states that he has no objection to the prayer made in the C.M. for necessary correction.

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 Daily Lok Adalat                                           Bench No.2.

510                CM No.12246-CII of 2016 in              -2-
                   FAO No.3300 of 2015

Accordingly, the present C.M. is allowed and order dated 27.05.2016 is modified in the following terms:-

"Insurance Company is directed to deposit a crossed - cheque for `1,00,000/- in the name of Smt.Krishana wife of Sukhbir Singh, being mother-in-law of injured-claimant, with the office of the Lok Adalat of the High Court on or before 15.07.2016, in compliance of this order, failing which, interest @ 9% per annum shall follow on this amount till payment from the date of this order. The appellant(s)' counsel/appellant(s) may collect the cheque from the office of the Lok Adalat."

Copy of the order be supplied/sent to the counsel/parties and file be returned to the Hon'ble High Court.

(R.K.Nehru) President (Ram Chand Gupta) 03.06.2016 Member P.Seth 2 of 2 ::: Downloaded on - 04-06-2016 00:31:30 :::