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2025 DAILYLAW 49581 (ALL)

SMT. NARESH KUMARI AND 2 ORS. v. SACHIN AHALAWAT AND 2 ORS.

FAFO/451/2017 · 2025-09-12

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 451 of 2017 Court No. - 45 HON'BLE VIKAS BUDHWAR, J. 1. The matter is listed before the National Lok Adalat. 2. Sri Rajnish Dubey, learned counsel for the appellants and authorize representative of Sri Magma General Insurance Ltd. identified by Shri Utkarsh Birla who is also present. 3. A joint memo of settlement, duly signed by learned counsel for the claimants, Sri Rajnish Dubey and the executive of the Magma General insurance company identified by Shri Utkarsh Birla, has been placed on record. Accordingly, a settlement is shown to have been reached between the parties on the following terms: “i) The appellant no. 1, 2, 3 shall be entitled to get Rs. 2,70,000/- (two lakh seventy fifty thousand only) in full and final satisfaction of his/ their claim from the appellant/ respondent no. 3. ii) This 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 60 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. Versus Counsel for Appellant(s) : Rajnish Dubey Counsel for Respondent(s) : Smt. Naresh Kumari And 2 Ors. .....Appellant(s) Sachin Ahalawat And 2 Ors. .....Respondent(s) 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. 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 60 days from today upto the date of actual payment. (Fuzail Ahmad Ansari, Adv.) (Vikas Budhwar, J.) September 13, 2025 A. Prajapati FAFO No. 451 of 2017 2 Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad