Company /Ltd v. Smt. Saroj Devi. and others

Smt. Saroj Devi. and others ….….Respondents Present: Mr. Rajendra Singh Azad, Advocate for the appellants Mr. Pulak Agarwal, Advocate for respondent no.3. Mr. Vishwaketu Vaidya, Advocate holding brief of Mr. S.K. Shandilya, Advocate for respondent no. 1 and 2. Daily Lok Adalat Award Hon’ble Rajesh Tandon, J. (Retd.) Mahesh Chandra Pant, Advocate / Member Mr. Aditya Sharma, Nodal Officer for Insurance Company is present through video conferencing.

2. There are two appeals before the Daily Lok Adalat. One has been filed by the Vikram Tyagi and Shalendra Singh as the owner and driver of the vehicle. Another appeal has been 2 filed by the Insurance Company i.e. I.C.I.C.I Lombard General Insurance Co. Ltd. The impugned order being common in both the appeals the operative portion of the impugned order reads as under: आदेश याचीगण क� या�चका �वप�ी सं - ३ आई सी आई सी आई लोम्बाडर् जनरल इंश्योर�स कं पनी के �वरु� ₹ ४ , ४ २, ०००/- (चार लाख ब्यालीस हजार रूपये) मोटर दुघर्टना ्ቚ�तकर ्ቚा� करने हेतु एवाडर् क� जाती है। �वप�ी सं ३ को आ�द� �कया जाता है क� वह �नणर्य क� तार�ख से एक माह के अंदर ₹ ४,४ २,०००/- (चार लाख ब्यालीस हजार रूपये) ्ቚ�तकार धनरा�श न्यायालय म� जमा करे। �वप�ी सं -३ बीमा कं पनी को ्ቚ�तकार क� धनरा�श �वप�ी सं - १ �व्ቅम त्यागी व �वप�ी सं -२ शैलेन््ቖ कु मार से वसूल करने का अ�धकार होगा। ्ቚ�तकर क� धनरा�श म� से मृतक का पु्ቔ याची सं २ �वकास शमार् ₹ १,००,०००/- ( एक लाख रूपये) तथा ्ቚ�तकर क� शेष धनरा�श याची सं -१ ्ቦीमती सरोज देवी मय ब्याज ्ቚा� करने क� अ�धकार� होगी। �वप�ी सं - ३ बीमा कं पनी को यह भी �नद�श �दया जाता है �क उपरो� ्ቚ�तकर रा�श ₹ ४ ,४ २,०००/- पर दावा योिजत होने क� �त�थ �दनांक १७ -०२-२०११ से वास्त�वक भुगतान क� �त�थ तक ६ ्ቚ�तशत वा�षर्क ब्याज याचीगण को अदा करेगा। य�द याचीगण ने अंत�रम ्ቚ�तकर के रूप म� कोई धनरा�श पहले ्ቚा� क� हो तो वह धनरा�श एवाडर् क� धनरा�श म� समायोिजत क� जाये। �दनांक १७ -०२-२०१२ (सी पी �बजलवान) मोटर एक्सीड�ट क्लेम �्቏ब्यूनल / अपर िजला जज , रूड़क�, जनपद-ह�र�ार। �नणर्य आज खुले न्यायालय म� मेरे �ारा हस्ता��रत गया। , �दनां�कत कर उ�ो�षत �कया �दनांक १७ -०२-२०१२ (सी पी �बजलवान) मोटर एक्सीड�ट क्लेम �्቏ब्यूनल / अपर िजला जज, रूड़क�, जनपद-ह�र�ार।

3. As will appear from the operative portion of the order that a sum of Rs. 4,42,000/- was awarded and the respondent no.3 i.e. Insurance Co. shall pay the amount to the claimant and 3 the insurance company may realize the amount from the owner i.e respondent no. 1 and 2.

4. In the other appeal no. 237 of 2012, the insurance company has challenged the said award on the ground that the liability imposed upon the insurance company for the payment to the claimant is liable to be set aside.

5. The matter was taken up by Daily Lok Adalat on

04.12.2024, the order is quoted below:- “AO No. 200 of 2012 Hon’ble J.C.S. Rawat, J. (Retd.) Mahesh Chandra Pant, Member None is present for the appellant. Ms. Naincy, Advocate holding brief of Mr. S.K.Shandilya Advocate for respondent no.1 and 2. The notices were sent to the parties. The office has reported that notices upon the appellant no.1 and 2 have been received with the remark that they were not at home in the given address whereas the respondent no.3 is concerned the office has not given any service report. In these circumstances, it is not possible to proceed further in the Daily Lok Adalat in absence of the parties. In view of the above, the matter be sent to the Hon’ble Court for final adjudication. (Mahesh Ch. Pant, Member) (J.C.S.Rawat, J. (Retd.)”

04.12.2024

04.12.2024

6. On 20.02.2025, the Daily Lok Adalat consisting of Justice Rajesh Tandon and Mr. Mahesh Chandra Pant, Member of the Daily Lok Adalat has already granted time to the insurance company to seek the instructions and direction was that the 4 representatives shall be present. The order passed on 20.02.2025 is quoted below: - AO No. 237 of 2012 AO No. 200 of 2012 Hon’ble Rajesh Tandon, J. (Retd.) Mahesh Chandra Pant, Member Heard Mr. Pulak Agarwal, Advocate appellant. Mr. Vishvaketu Vaid, Advocate holding brief of Mr. S.K.Shandilya, Advocate for respondent nos. 1 and 2. Learned counsel for the appellant prays for and is granted 10 days’ time to seek instructions from the Insurance Co. The matter is listed from time to time. On the next date some representative shall remain present on behalf of the Insurance Co. in both the appeals to settle the matters. List these cases on 20.03.2025. (Mahesh Ch. Pant, Member) (Rajesh Tandon,J.(Retd.)

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20.02.2025

7. Thereafter since the matter of Appeal No. 200 of 2012 is listed today, both the parties have stated that appeal no. 237 of 2012 is connected with appeal no. 200 of 2012 in as much as both arise out of the same award of the Tribunal.

8. In these circumstances, in view of the settlement passed in appeal no. 237 of 2012, there will be no use in keeping the Appeal No. 200 of 2012 pending. Therefore, both the appeals are being disposed of on the basis of the settlement between the parties. Since all the parties and the representatives are present 5 today therefore both the matters are taken up before the Daily Lok Adalat.

9. Mr. Aditya Sharma, Nodal Officer on behalf of the insurance company who has stated to the following effect:- “We are ready to withdraw the appeal no. 237 of 2012 and the amount awarded has already been deposited, the rest of the money can be withdrawn by the claimant. He has also stated that he will forgo the recovery rights.”

10. The statutory amount deposited by the Insurance Company in Appeal No. 237 of 2012 shall be transferred in the account of the claimant.

11. Shri Pulak Agarwal has very fairly settled the matter. Shri Rajendra Singh Advocate, Shri Aditya Singh Nodal Officer, both have supported the stand taken by the insurance company for settling the dispute with regard to the compensation amount awarded in the year 2012.

12. The present appeal is also pending since 2012. More than 10 years have already passed and therefore, the Daily Lok Adalat has proud of both the advocates for settling the dispute in the interest of the claimant who has suffered the loss on account of the accident.

13. Shri Aditya Sharma, Nodal Officer has also supported for settlement as the claimant being a sufferer of 2012 6 accident and now settled in the interest of the Nodal Officer has settled in the interest of the claimant.

14. In view of the above, the order passed by the Tribunal on 17.02.2012 shall stand settled in the terms narrated below: - (i) The amount as directed by the Tribunal to the effect that the amount shall be payable by Smt. Saroj Devi stands allowed and the insurance company shall not recover the amount as per the order of the Tribunal. The total amount is settled on a sum of Rs. 4,42,000/- to be payable by the insurance company. (ii) The appeal filed by the insurance company being appeal no. 237 of 2012 is withdrawn and shall stand dismissed. Appeal no. 200 of 2012 filed by the owner and driver stands allowed in view of the settlement. (iii) There will be no more liability on behalf of the owner and the driver to reimburse the amount. (iv) The amount deposited by the owner and the driver shall stand refunded in terms of the settlement.

15. Award is passed accordingly. (Mahesh Chandra Pant, Adv./Member) (Rajesh Tandon, J (Retd.)

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