Ashraf Khan & ANR. v. Jaswant Singh & ANR.
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP. 106/2021 ASHRAF KHAN & ANR.
.... Appellants Through:
Appellant-in-person.
versus JASWANT SINGH & ANR.
..... Respondents Through:
Mr. Pankaj Gupta, Advocate for R-1 Ms. Suman Bagga, Advocate, for R-2.
CORAM:
HON'BLE MR. JUSTICE VIMAL KUMAR YADAV (PRESIDING OFFICER) MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER)
O R D E R
% 09.05.2026 1.
Appellants being the driver and the owner have filed the present appeal challenging the recovery right order dated 06.02.2020 passed by learned MACT.
2.
On appeal, the Appellant has deposited the Awarded amount before the learned MACT in compliance of order dated 09.12.2021. 3.
We find that on 04.05.2026 in Pre-Sitting Lok Adalat the order is passed as under:- "Appellants (owner & driver) have filed an appeal challenging Award dated 06.02.2020 passed by learned MACT Awarding compensation of Rs. 4,18,166/- along with interest @9% p.a. in favour of R-1/ Claimant and the said Award is challenged by the appellants on various ground including the ground of grant recovery rights to R-2(Insurance Company).
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
On appeal, the appellants have deposited the amount of Rs.5,13,130/- in total with concerned Tribunal in compliance of the order dated 09.12.2021 passed by this Hon'ble High Court. Learned Counsel for R-1 appeared through VC on instruction has submitted that the R-1 has not filed any appeal for enhancement and has further stated R-1 is not seeking enhancement. Learned Counsel for Insurance Company has submitted that they have already paid the Awarded amount in favour of the claimant/R-1.
Learned Counsel for appellants and R-2 have agreed that the present appeal be disposed off as satisfied in full and final, if R-2 is permitted to withdraw the amount deposited by the appellants with the Learned Tribunal.
Learned Counsel for appellants on instruction have submitted that he has no objection if, R-2 is withdraw the said amount along with the accrued interest as full and final settlement of the subject matter of the appeal.
Learned Counsel for the appellants also submits that the statutory amount with interest, if any, may be refunded to the Appellant no.1.
In view of above settlement, Learned Counsel for the parties has submitted the matter listed in National Lok Adalat. In view of the same list this matter before National Lok Adalat on 13.09.2025."
4.
On 13.09.2025, the matter was sent back to the next Pre-Sitting Lok Adalat as the Learned Counsel for R-1 did not receive any appropriate instruction.
5.
Today, the parties have given consent to the settlement arrived at in the Pre-sitting Lok Adalat held on 04.05.2026. 6.
Appellant no.1 appeared for himself as well as on behalf of his father ie. Appellant no.2 has stated that he shall be withdrawing the present appeal.
7.
Learned counsel for respondent no.1 has submitted that he shall not be filing any case for enhancement of the Award. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
Learned counsel for respondent no.2 submit that in terms of the order dated 09.12.2021 passed by this Court, Appellant was directed to deposit the Awarded amount before learned MACT within a period of six week and it is agreed upon between the parties that the said amount alongwith interest has already been deposited before the concerned Tribunal. 9.
In view of the fact that the Appellant has consented to withdraw the Appeal, the amount deposited by the Appellant along with interest before the concerned MACT, be released to the Insurance Company, subject to compliance of all the requisite formalities.
10.
It is submitted by learned counsel for Respondent no.1 that they have already arrived at an oral settlement to the effect that the Appellant on payment of Rs.40,000/- to respondent no.1, Respondent no.1 shall cooperate with the Appellant in the criminal proceeding including quashing of FIR, if any.
11.
Statutory amount with interest if any, be refunded to Appellant no. 1. 12.
In terms of the aforesaid, the present appeal along with pending application (s) stand disposed of.
13.
A copy of this order be sent to the concerned learned Tribunal with LCR, if already received.
(VIMAL KUMAR YADAV) PRESIDING OFFICER K. VENKATRAMAN COMEMBER MAY 09, 2026/ps/bj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.