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2024 DIGILAW 330 (UTT)

New India Assurance Company v. Hema Verma

2024-05-11

ALOK KUMAR VERMA

body2024
JUDGMENT : ALOK KUMAR VERMA, J. 1. The present Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the insurer challenging the Award dated 05.04.2022, passed by learned Motor Accident Claims Tribunal/District Judge, Nainital in Motor Accident Claim Petition No. 158 of 2019, by which, learned Tribunal has awarded a total sum of Rs.56, 65,525/- along with an interest at the rate of 6 percent per annum from the date of petition till its actual payment. 2. Today, before the National Lok Adalat, Mr. Ramesh Chandra Sanguri, the Manager In-charge (Legal) is present with Mr. D.C.S. Rawat, learned counsel for the appellant/ Insurance Company. 3. Smt. Hema Verma, the respondent no. 1, is present in-person with Mr. Tarun Pandey, Advocate. 4. Both the parties submitted that they have settled their disputes, and after resolving their disputes, they have filed a Compromise Application today. 5. As per the Compromise, Insurance Company is ready to pay Rs. 47,59,821/- after deducting the amount already being paid to the claimants, if any. The said amount shall be deposited by the appellant within a period of six weeks from today. The statutory amount, deposited by the appellant, shall also be remitted before the concerned Tribunal. 6. The respondent no. 1-claimant undertakes to pay Rs. 10,00,000/- (Rupees ten lakh) to respondent no. 3-Smt. Nandi Verma. 7. Both the parties submitted that the Compromise Application has been filed with their free will and without any pressure. 8. Both the parties have requested to decide the present Appeal on the basis of the Compromise. 9. The Compromise Application, filed today, is verified. 10. Present Appeal (AO No. 171 of 2022) is decided on the basis of the compromise. 11. The Compromise Application will form part of this order.