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2024 DIGILAW 741 (ALL)

Bhawar Singh Minor v. Rajesh Kumar Bhadwaj

2024-03-09

KSHITIJ SHAILENDRA

body2024
JUDGMENT Kshitij Shailendra, J. The matter is listed before the National Lok Adalat. 2. The present appeal has been preferred by Bhawar Singh (Minor) represented by his father and natural guardian Sri. Nahar Singh against the Judgement/award dated 03.09.2011 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.12, Muzaffar Nagar in M.A.C.P. No.557 of 2008. 3. The accident took place in the year 2008 when the claimant was minor. Admittedly, he has attained the age of majority. Sri. Nahar Singh, father of the appellant, is present before the Court and he has signed the memo of settlement on behalf of the claimant. The Court telephonically contacted the claimant Bhawar Singh, who has become major, on the mobile No.9568056602, provided by the father of the claimant in order to ensure that he agrees for the terms of the agreement entered into between the parties through his father. The claimant expressed his consent. Therefore, the Court proceeds to record the settlement. 4. Photostat copy of the Aadhar Card duly signed by Nahar Singh along with his photograph produced by him are taken on record. 5. Shri. S.M. Upadhyay, learned counsel for the claimant and Shri. Sanjeev Tiwari, Regional Manager of the insurance company identified by Shri. Radhey Shyam, Advocate are present. 6. A joint memo of settlement, duly signed by learned counsel for the claimants and the executive of the insurance company as well as counsel for the insurance company has been placed on record. Accordingly, a settlement is shown to have been reached between the parties on the following terms: "2 That the parties have agreed upon settlement of this Appeal/FAFO on the following terms and conditions:- (i). The appellant No.1 shall be entitled to get Rs. 60,000/- (Rs. Sixty Thousand Only) over and above paid to the claimant in full and final satisfaction of his/their claim from respondent no.3 (National Insurance Co. Ltd.). (ii) The 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 30 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. 3. That the appellant no.1 (sole) is a minor and this appeal/FAFO is being compromised by the aforesaid minor's guardian/ next friend Sri. 3. That the appellant no.1 (sole) is a minor and this appeal/FAFO is being compromised by the aforesaid minor's guardian/ next friend Sri. Nahar Singh and the compromise is in the interest of the minor. 4. That the parties have compromised the appeal out of their free consent and without any coercion/ pressure of any kind." 7. The same is marked as 'X' and is retained on record. 8. The said settlement is deemed to have been arrived at in consonance with the requirements of Order XXIII Rule 3 of the Code of Civil Procedure as applicable in the State of U.P. 9. In view of the above settlement having been reached, the present appeal stands decided in terms of the settlement noted above. 10. 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. 11. In case, the appellant(s) has/have a grievance to this order being passed without his/her/their consent, he/she/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 terms of this settlement immediately at the end of the period of two months therefrom, directly into their bank account, in compliance of this order. 12. It is made clear that in case, recall of this order is sought after the amount stands transferred in the bank account of the claimant(s), the amount of compensation so received in the account shall be deposited by the claimant(s) alongwith filing of the recall application, failing which, the recall application shall not be entertained. The amount so deposited shall be remitted back to the insurance company during the pendency of the recall application. 13. The original record of the Tribunal be returned forthwith. 14. This Court records appreciation of learned counsel for both the sides as well as representative of the Insurance Company because of whose joint efforts this old matter could be settled and disposed of in the above terms.