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2025 DAILYLAW 10622 (ALL)

RAMPAL SINGH AND ANOTHER v. SHIV KUMAR AND 4 OTHERS

FAFO/2684/2018 · 2025-05-14

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80756 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 2684 of 2018 Appellant :- Rampal Singh And Another Respondent :- Shiv Kumar And 4 Others Counsel for Appellant :- Anuj Kumar Gupta,Umesh Vats,A/A0969/2012 Counsel for Respondent :- Rahul Sahai Hon'ble Neeraj Tiwari,J. 1. Heard Sri Anuj Kumar Gupta, learned counsel for the appellants and Sri Aditya Singh Parihar, advocate holding brief of Sri Rahul Sahai, learned counsel for the respondents. 2. Sri Aditya Singh Parihar, learned counsel for respondents informed that now parties have entered into compromise on 08.05.2025. He has also produced Settlement/Compromise dated 08.05.2025 having signatures of Sri Rampal Singh, claimant, Sri Anuj Kumar Gupta, counsel for claimant, Sri Utkarsh Jaiswal, Manager Legal (ICICI Lambard Gen. Ins. Co. Ltd.) and Sri Rahul Sahai, counsel for respondents, which is taken on record. 3. Sri Rampal Singh, claimant is present before this Court and duly identified by his counsel Sri Anuj Gupta. 4. Sri Anuj Kumar Gupta, learned counsel for appellants as well as claimant has not disputed the Settlement/Compromise dated 08.05.2025. Learned counsel for the appellants informed that earlier insurance company has deposited the awarded amount, but till date, same has not been released. 5. I have perused the Settlement/Compromise dated 08.05.2025. Relevant parts of the Settlement/Compromise dated 08.05.2025 are being quoted below:- "1) That the present appeal has been filed by Claimants seeking enhancement of the Award dated 27.11.2017 passed by MACT Ghaziabad in MACP No. 53/2016 (Rampal Singh and Others vs Shiv Kumar and Others). 2) That the Claimants/Appellants and the Insurance Company (ICICI Lombard Gen. Ins. Co. Ltd.) have agreed upon settlement of this Appeal/FAFO on the following terms and conditions:- 1. The Appellants shall be entitled to get a sum of Rs. 3,50,000.00 (Rs. Three Lakh and Fifty Thousand Only) in full and final satisfaction of his/their claim from Respondent/ Insurance Co. i.e. ICICI Lombard General Insurance Co. Ltd. ii. This amount shall be in addition to and over and above the amount that has already been awarded by the Tribunal below. 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 Court, 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 said amount is inclusive of Interest and no additional Interest shall be payable on the amount of compromise. 4) That nothing beyond the above shall be payable to the claimants by the Insurance Company i.e. ICICI Lombard General Insurance Company Ltd. 5) That the said settlement/compromise is being arrived at between the parties through mutual consent, of their own free will and without any undue influence/coercion. 6) That this compromise/ settlement shall form part of the record of appeal" 6. Under such facts, appeal is disposed of in terms of Settlement/Compromise dated 08.05.2025. Further, Tribunal is directed to release the awarded amount forthwith and in case of deposit of settlement over and above amount, that shall also be released forthwith through RTGS. Order Date :- 15.5.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad