HIGH COURT OF UTTARAKHAND AT NAINITAL DAILY LOK ADALAT Appeal from Order No. 339 of 2013 Surjan Singh ….....Appellant Versus Smt. Saroj and others ….….Respondents Present: Ms. Ruchika Negi, Advocate, holding brief of Mr. Sandeep Kothari, Advocate for the appellant. Ms. Bhawna Kanwal, Advocate holding brief of Mrs. Monika Pant, Advocate for the respondent no.4/Lombard General Assurance Company. Daily Lok Adalat Award Hon’ble J.C.S. Rawat, J. (Retd.) Mahesh Chandra Pant, Member/Mediator Learned counsel for the parties have filed the compromise before the Daily Lok Adalat. The compromise has also been filed along with the affidavit of Mr. Surjan Singh along with the compromise deed. Both the parties counsel has signed the compromise. 2. The counsel for the respondent no.4 has also power in Vakalatnama to withdraw or compromise the proceedings and the case. The said compromise has been read and explained to both the counsels of the parties. They have verified and signed the said compromise according to the instructions of their clients. 2 3. The compromise filed by the parties runs as under: - “ To, The Hon’ble the Chief Justice and his other Companion Judges of the aforesaid Court. The Humble Application of the above named the Appellant Most Respectfully showeth as under: 1. That the full facts and circumstances of the case have been disclosed in the accompanying affidavits which shall form part of this application. 2. That in view of the facts and circumstances mentioned in the affidavits, the instant writ petition proceedings may be decided in terms of compromise entered between the parties, in support of the instant compromise, the parties are also filing their respective affidavits. Prayer It is, therefore, Most Respectfully prayed that this Hon’ble Court may graciously be pleased to allow the present compromise application and the instant A.O. proceedings may be decided in terms of compromise entered between the parties. (Monika Pant) (Sandeep Kothari) Advocate Advocate Counsel for respondent no.4 Counsel for Appellant ” 3 4. The affidavit filed by the appellant which runs as under:- “Affidavit of Appellant Surjan Singh S/o Late Madan Singh, R/o Village-Mair, Patti Silwad, Tehsil-Dhanolti, District Tehri Garhwal (Registered Owner cum driver of Vehicle No. A.A. 07-Q-2355) Appellant Vs. Smt. Saroj and others………………………………………..Respondents Affidavit of Mr. Surjan Singh aged about 57 years R/o Village-Mair, Patti-Silwad, Tehsil-Dhanolti, District-Tehri Garhwal (Deponent) I, the deponent above named do hereby solemnly affirm and state on oath. 1. That the deponent is the appellant in the captioned A.O. as well and as such is fully acquainted with the facts of the case deposed below. 2. That the captioned appeal has been preferred challenging award dated 06.07.2013 passed by the learned M.A.C.T/Additional District Judge, Tehri Garhwal in M.A.C.P No. 29/2011 (Smt. Saroj and others Vs. Surjan Singh and another), whereby, the learned Claims Tribunal has awarded a sum of Rs. 08,01,000/- (Rs. Eight lacs one thousand only) alongwith interest @ 6% per annum from the date filing of the claim petition till the date of actual payment against the Insurance 4 Company but has given the right to recover the same from the appellant/owner. 3. That it is submitted herein that the captioned matter has been listed previously before Learned Daily Lok Adalat. It was a stand taken by the respondent no.4 at this stage though the recoverable rights have been given qua the owner of the vehicle in question, respondent no.4 is not willing to pursue the aforesaid cause and at this stage not willing to recover the aforesaid amount from the owner of the vehicle/appellant. Since the primary cause that has been raised by the appellant in instant A.O. has been set at rest by the virtue of the stand taken by the respondent no.4. Hence, it is a clear cut case as of now a compromise to be entered between the parties and hence the respondent no.4 before the Hon’ble Lok Adalat is ready and willing to entered into the compromise with the appellant. 4. That since the appeal is going to be decided on the basis of compromise. 5. It is further most respectfully submitted herein that the statutory amount of Rs. 25000/- as deposited at the time of admission of the appeal may also be directed to be refund to the appellant.” 5. The Appeal from Order is decided in terms of the compromised filed by the parties. The Appeal from Order is disposed of accordingly in terms of the compromise accordingly. The compromise-deed as well as the annexed affidavit shall be part of this award. (Mahesh Chandra Pant, Adv./ Member) (J.C.S.Rawat, J. (Retd.) 30.04.2025 30.04.2025 Nahid