SHASHI SRIVASTAVA AND 2 OTHERS v. RAKESH SHARMA AND 2 OTHERS
FAFOD/1404/2018 · 2025-09-12
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54439 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54439 (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. - 1404 of 2018 Court No. - 45 HON'BLE VIKAS BUDHWAR, J.
1. The matter is listed before the National Lok Adalat. 2. Sri Ranjan Srivastava (Vakalatnama filed today), learned counsel for the appellants and representative of the Insurance Company, Sri V.P. Mishra, who is also present. 3. A joint memo of settlement, duly signed by learned counsel for the claimants Sri Ranjan Srivastava and the executive of the insurance company identified by Sri V.P. Mishra, Advocate 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. 2 and 3 shall be entitled to get Rs.4,00,000/- (Four Lac only) in full and final satisfaction of their claim from the respondent. ii) This amount is due and above of previous amount paid by Insurance Co. Ltd. The first appellant died during the Appeal on 01.01.2022. Death certificate is attached with this memo. (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 @ 3 % 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 Versus Counsel for Appellant(s) : Pradeep Kumar Pal Counsel for Respondent(s) : Vijay Prakash Mishra Shashi Srivastava And 2 Others .....Appellant(s) Rakesh Sharma And 2 Others .....Respondent(s)
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 @ 3% 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 piyush FAFOD No. 1404 of 2018 2
Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad