Allahabad High Court
Rajeev Gupta And 2 Others vs New India Assurance Co. Ltd. And 2 Ors. on 8 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:34001 Before National Lok Adalat. High Court of Judicature at Allahabad. Court No. - 46 Case :- FIRST APPEAL FROM ORDER No. - 735 of 2016 Appellant :- Rajeev Gupta And 2 Others Respondent :- New India Assurance Co. Ltd. And 2 Ors. Counsel for Appellant :- Lal Chandra Sahu Counsel for Respondent :- ,Abhishek Ahuja Hon'ble Kshitij Shailendra,J.
1. The matter is listed before the National Lok Adalat.
2. The present appeal has been preferred by the appellants against the Judgement/award dated 26.11.2015 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.5, Bareilly in M.A.C.P. No.881 of 2014 (Rajeev Gupta and others Vs. New India Assurance Co. Ltd. and others).
3. Shri Lal Chand Sahu, learned counsel for the claimants and Shri Abhishek Yadav, Assistant Manager, The New India Assurance Co. Ltd. identified by Shri Abhishek Ahuja, Advocate are present. Shri, Abhishek Ahuja, Advocate is also present.
4. A joint memo of settlement, duly signed by learned counsel for the claimants and the executive of the insurance company as well as counsel for the insurance company has been placed on record. Accordingly, a settlement is shown to have been reached between the parties on the following terms:
“2 (i). The appellants shall be entitled to get a sum of Rs. 2,75,000/- (Two Lac Seventy Five Thousand only) in full and final satisfaction of his/their claim from respondent/ Insurance Co. i.e. The New India Assurance Co. Ltd.
(ii) This amount shall be in addition to and over and above the amount that has already been received by the Claimants.
(iii) The Insurance company shall not pay any interest on the compromised/ settled amount.
(iv) The amount due as above shall be deposited/ paid by the Insurance Co. within 60 days from the date of receipt of copy of the order of the Hon’ble Lok Adalat, failing which interest @ 6% P.A. shall be paid for subsequent periods i.e. after two months from the date of this compromise till payment is made.
3. That the parties have compromised the appeal out of their free consent and without any coercion/ pressure of any kind.”
5. The same is marked as ‘X’ and is retained on record.
6. The said settlement is deemed to have been arrived at in consonance with the requirements of Order XXIII Rule 3 of the Code of Civil Procedure as applicable in the State of U.P.
7. In view of the above settlement having been reached, the present appeal stands disposed of in terms of the settlement noted above.
8. 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.
9. In case, the appellant(s) has/have a grievance to this order being passed without his/her/their consent, he/she/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 terms of this settlement immediately at the end of the period of two months therefrom, directly into their bank account, in compliance of this order.
10. It is made clear that in case, recall of this order is sought after the amount stands transferred in the bank account of the claimant(s), the amount of compensation so received in the account shall be deposited by the claimant(s) alongwith filing of the recall application, failing which, the recall application shall not be entertained. The amount so deposited shall be remitted back to the insurance company during the pendency of the recall application.
11. The original record of the Tribunal be returned forthwith.
12. This Court records appreciation of learned counsel for both the sides as well as representative of the Insurance Company because of whose joint efforts this old matter could be settled and disposed of in the above terms.
Order Date :- 8.3.2025
AKShukla/-
(Ashish Mishra, Adv.) (Kshitij Shailendra, J.)
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