SMT. MANTLESH AND 3 OTHERS v. SMT. INDU TYAGI AND 2 OTHERS
FAFOD/1391/2016 · 2025-09-12
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12775 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12775 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER DEFECTIVE No. - 1391 of 2016 Court No. - 45 HON'BLE VIKAS BUDHWAR, J.
1. The matter is listed before the National Lok Adalat. 2. Sri Nipun Singh, learned counsel for the appellants and authorize representative of Magma HDI General Insurance Co. Ltd. identified by Sri Utkarsh Birla who is also present. 3. A joint memo of settlement, duly signed by learned counsel for the claimants and the executive of the insurance company, has been placed on record. Accordingly, a settlement is shown to have been reached between the parties on the following terms:
“i) The appellant nos. 1 to 4 shall be entitled to get Rs. 8,00,000/- (Eight lakhs only) in full and final satisfaction of their claim from the respondent no. 3. 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 @ 12% P.A. shall accrue from such date till payment.”
4. In view of the above settlement having been reached, the present appeal stands decided in terms of the settlement noted above. 5. 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. Versus Counsel for Appellant(s) : Nipun Singh Counsel for Respondent(s) : , Varun Kumar Chaubey Smt. Mantlesh And 3 Others .....Appellant(s) Smt. Indu Tyagi And 2 Others .....Respondent(s)
6. In case, the appellants have any grievance to this order being passed without their consent, 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 favour of the claimants immediately at the end of the period of one month therefrom, directly into their bank account, in compliance of this order. 7. The original record of the Tribunal be returned forthwith. 8.
In the event of failure on part of the insurer to pay the entire amount, if any, within the stipulated time, the insurer further agrees to pay interest @ 12% P.A. for the period beginning at the end of one month from today upto the date of actual payment. (Fuzail Ahmad Ansari, Adv.) (Vikas Budhwar, J.) September 13, 2025 Rajesh FAFOD No. 1391 of 2016 2
Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad