The present appeal was done by the Insurance Company MAC.APP.217/2021 and 548/2018 2 impugning the award dated 13.10.2017 read with the order dated 05.02.2018, under Section 166 and 140 of the Motor Vehicles Act and the same issue was held in the judgement passed by a Single bench judge HON’BLE MR. JUSTICE SANJEEV SACHDEVA, in the matter VIJAY ALIAS CHHOTIYA LAL V. KRISHAN KUMAR AND ORS AC.APP. 548/2018 & CM APPL. 32038/2021 M/S THE UNITED INDIA INSURANCE CO LTD V. VIJAY @ CHHOTIYA LAL & ORS. dealt with an issue mentioned above.
In this case, there was a request from the parties, where the matter was referred to the Permanent Lok Adalat to explore the possibility of a settlement.
The Learned counsel appearing for the Insurance Company, Deputy Manager submitted that the disputes have been settled in Pre Lok Adalat and an enhancement has been agreed to. It was contended that over and above the awarded amount by the impugned award the insurance company has agreed to pay a consolidated sum of Rs.15,10,000/- to the claimant in full and final settlement of the entire claim amount.
They also prayed that instead of awaiting the formal recording of settlement before the Lok Adalat which is scheduled on 11.12.2021, since the claimant was in urgent need of money, the appeals be disposed of in terms of the settlement between the parties. So given the above, with the consent of the parties, the appeals are disposed of and the awarded amount awarded by the impugned award dated 13.10.2017 read with the order dated 05.02.2018.
Later the claimant has filed an application seeking a pre-release of the amount on the ground that he had to sell his house for repayment of the amount borrowed, It was stated that he has now entered into an Agreement to Purchase a plot in Faridabad and paid a sum of Rs. 1,00,000/- as advance and the balance sum of Rs. 10,00,000/-, Meanwhile the earlier awarded amount be directed to be pre-released in his favour was stated.
Accordingly, it was directed that the insurance company shall deposit the said enhanced amount of Rs. 15,10,000/- with the Tribunal within four weeks. Thereafter later the claimant could l file before the Tribunal, a certified copy of the registered deed of title. And also the leftover amount shall be disbursed to the claimant in the staggered form to enable him to raise construction on the subject property.
The court perused the facts and argument’s presented, it thought that- “In so far as the amount deposited in terms of the original award is concerned, the same shall continue to be disbursed following order dated 04.06.2021. The appeals, as well as the application, are disposed of in the above terms”.
Judgment Reviewed by: Mandira BS