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2025 DAILYLAW 75293 (PNJ)

MUSHRAT JAHAN AND ORS v. UMESH CHAND AND ORS

FAO/1892/2016 · 2025-03-18

Lok Adalat Bench

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Daily Lok Adalat Bench No.1 507 FAO-1892-2016 (O&M) MUSHRAT JAHAN AND ORS V/S UMESH CHAND AND ORS Present:- Mr. Rajiv Sharma, Advocate for the appellants Mr. Pradeep Kumar, Advocate for HDFC Ergo Gen. Ins. Co. Ltd. *** This appeal has been filed by the appellants against the award dated 02.03.2015 passed by learned MACT, Gurgaon awarding a total compensation of Rs.31,55,000/- to be paid by the Insurance Company having the right to recover the amount from the owner. Simultanesouly, the owner had also filed an appeal i.e. FAO- 2707-2016 challenging the recovery rights granted in favour of the Insurance Company. On 13.12.2024, pursuant to the statement made by learned counsel for the Insurance Company wherein the recovery rights has been waived off and the Insurance Company took the responsibility to pay the entire compensation, learned counsel for the owner had withdrawn the appeal filed by the owner. On 13.12.2024, on behalf of the appellants statement (separately recorded), was made by learned counsel for the appellants to accept Rs.13,75,000/- (Rupees Thirteen Lakh Seventy Five Thousand only) more, over and above, the amount awarded by the MACT concerned, in full and final settlement of the claim in this appeal. Today, on behalf of the Insurance Company concurrence has been given to this effect. Accordingly, Rs.13,75,000/- (Rupees Thirteen Lakh Seventy Five Thousand only) is allowed as further compensation over and above the compensation already awarded by the MACT. We dispose of this case with a direction to the Insurance Company to deposit a crossed-cheque in the sum of Rs.13,75,000/- (Rupees Thirteen Lakh Seventy Five Thousand only) in the name of the appellant No.1-Mushrat Jahan with the office of the Lok Adalat of the High Court on or before 02.05.2025 failing which the amount will carry 9% interest p.a. from the date of this order till the cheque is deposited with the office of the Lok Adalat. The appellants' counsel/appellant may collect the cheque from the office of the Lok Adalat. Copy of the order/statement be supplied /sent to the counsel/parties and file be returned to the High Court. (J.C. VERMA) PRESIDENT 18.03.2025 (ARVIND KUMAR) Atul MEMBER Atul Kumar Tripathi 2025.03.28 11:26 I attest to the accuracy and integrity of this document