Allahabad High Court
Saqib vs Bhushan Kumar And 2 Others on 8 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:34135 Before National Lok Adalat. High Court of Judicature at Allahabad. Court No. - 46 Case :- FIRST APPEAL FROM ORDER No. - 1572 of 2022 Appellant :- Saqib Respondent :- Bhushan Kumar And 2 Others Counsel for Appellant :- Anju Shukla,Nigamendra Shukla Counsel for Respondent :- Saurabh Srivastava 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 16.04.2022 passed by the Presiding Officer, Motor Accident Claims Tribunal, Baghpat in M.A.C.P. No.06 of 2018 (Saqib Vs. Bhushan Kumar and others).
3. Shri Nigamendra Shukla, learned counsel for the claimant and Shri Saurabh Srivastava, learned counsel for the respondent no.3 (H.D.F.C. Ergo General Insurance Co. Ltd.) are present.
4. A joint memo of settlement, duly signed by learned counsel for the claimants and the learned 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 appellant shall be entitled to get Rs. 9,00,000/- (Nine Lac in all) (over and above amount already paid) in full and final satisfaction of his/ their claim from respondent-Insurance Company (HDFC Ergo General Insurance Co. Ltd.).
(ii) The amount already deposited/received 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 receipt of copy of the order of the Hon’ble Court failing which interest @ 6% P.A. shall be accrued from the date of receipt of order till payment.
3. xxxx
4. That the parties have compromised the appeal out of their own 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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