Sunita Devi And ANR v. Anu Yadav And ORS
2023:PHHC:076606 FAO No.3017 of 2016 BEFORE THE NATIONAL LOK ADALAT (529) FAO No.3017 of 2016 Date of decision:13.05.2023
Present:
Mr. Akash Mehta, Advocate for Mr. Munish Gupta, Advocate for the appellants.
Mr. Nigam K. Bhardwaj, Advocate with Mr. Suryadeep Singh Thakur, Advocate for the respondent No. 3/Insurance Co. Ltd **** 1.
As agreed, as per statements of learned counsel for the appellants, learned counsel and representative of the respondent-Insurance Company (separately recorded), a sum of Rs.6,75,000/- ( Rupees Six Lakh Seventy Five Thousand only) over and above the amount awarded by the Tribunal is allowed to the appellants in full and final settlement of the claim in this appeal. As per the statement of learned counsel for the appellants, the enhanced amount be paid to the appellants.
2.
Accordingly, we dispose of this case with a direction to the Insurance Company to deposit a crossed-cheque/ draft for Rs.6,75,000/- in the name of the appellants with the office of the Lok Adalat of the High Court within four weeks from the receipt of the copy of this order, failing which, interest @ 9 % per annum shall follow on this amount till payment for the date of this order. The concerned Officer of the Lok Adalat Branch/Office shall issue proper receipt after receiving the cheque/ draft to learned counsel/representative of the respondent-Insurance Company. The Manju 2023.05.26 17:01 I attest to the accuracy and integrity of this document
2023:PHHC:076606 FAO No.3017 of 2016 appellant(s)'counsel/appellant(s) may collect the cheque/ draft from the office of the Lok Adalat. The office shall retain the photocopy of the cheque/draft bearing signatures of the leaned counsel for appellants as a receipt on record.
3.
It is made clear that since there are two appellants, learned counsel for the appellants has fairly submitted that the enhanced amount be also paid in equal shares to both the appellants as was done by the MACT, Hoshiarpur.
4.
Ordered Accordingly.
5.
Representative of the Insurance Company submits that their recovery rights as granted by the Tribunal be also maintained. 6.
Appeal stands disposed of.
7.
Copy of the order be supplied/sent to the counsel/parties and file be returned to the Hon'ble High Court.
(ALOK JAIN) PRESIDENT (GAURAV CHOPRA) MEMBER May 13, 2023 manju Manju 2023.05.26 17:01 I attest to the accuracy and integrity of this document