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2025 DAILYLAW 2017 (UTT)

SMT. JAMUNA DEVI v. HIRA SINGH

AO/460/2012 · 2025-03-19

Daily Lok Adalat

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Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL DAILY LOK ADALAT Appeal from Order No. 460 of 2012 Smt. Jamuna Devi ….....appellant Versus Hira Singh and others ….….Respondents Present: Mr. Prabhakar Joshi, Advocate for the appellant. None is present for respondent no.2. Mr. T.A Khan, Senior Advocate assisted by Mr. Vinay Bhatt, Advocate for the respondent no.3/New India Insurance Co. Ltd. Daily Lok Adalat Award Hon’ble J.C.S. Rawat, J. (Retd.) Mahesh Chandra Pant, Member/Mediator The instant appeal has been preferred against the judgment and award dated 25.05.2012, passed by the Motor Accident Claim Tribunal, Pithoragarh in MACP No. 03 of 2011 titled as Smt. Jamuna Devi vs. Hira Singh & others, by which the learned Tribunal partly allowed the claim petition of the appellant awarding compensation to the extent of Rs. 16,15,670/- along with interest @ 6% per annum from the date of petition against the claim of Rs. 1,00,15,000/- along with the interest. This is an appeal for enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal to the extent of Rs. 100,15,000/- as claimed before the learned Tribunal. 2. Now the Insurance Co. as well as the claimant who are the main contesting parties have arrived into a settlement. 2 The compromise deed filed before the Daily Lok Adalat runs as under:- “The compromise application of the above named appellant and the respondent no.3, most respectfully showeth as under. 1. That in the above mentioned case, the New India Assurance Company is ready to get the matter compromised in a lump sum amount of Rs. 20 lac (without any interest). The aforesaid amount will be paid to the claimant/appellant in addition to the compensation which has already been paid. This amount shall be deposited before the Tribunal concerned within a period of four weeks from today and there shall be no further claim of the appellant/claimant with regard to the present claim petition. The aforesaid terms and conditions have been accepted by both the parties and the matter has been settled accordingly. (Prabhakar Joshi) (Vinay Bhatt) Advocate Advocate Counsel for Claimant/appellant Counsel for respondent no.3 Note:- Senior Counsel Mr. T.A. Khan is appearing on behalf of the respondent no.3. ” 3. The settlement was read over and explained to both the counsels and they have agreed to it. 4. In view of the above settlement filed by the parties, the matter is decided in terms of the compromise. The 3 compromise-deed shall form part of this award rendered by the Daily Lok Adalat. (Mahesh Chandra Pant, Adv./ Member) (J.C.S.Rawat, J (Retd.) 19.03.2025 19.03.2025 Nahid