Order 10

Order Details: COPY OF ORDER
Pdf Text: MACT no. 317/2023
Vijender v. Rahul Yadav & Ors.
13.12.2024
Case file is taken up on joint application moved on behalf of the petitioner and
insuance company for settlement.
Present : Petitioner in person with counsels Ms. Geeta Singh Tomar and
Sh. Lokesh Verma.
Sh. S.P.S. Chauhan, counsel for R3/ HDFC ERGO General
Insurance Co. Ltd.
It is submitted by the injured/ petitioner Vijender that he has not
received any compensation from ESIC in connection with the present accident.
Settlement proceedings held today in Pre Lok Adalat Sitting. With
the intervention of the Tribunal, the present matter has been settled amicably
between the petitioner and the insurance company for a total sum of
Rs.4,50,000/- (Rs. Four Lakhs Fifty Thousand Only) to be paid by respondent
no.3/ insurance company to the petitioner towards full and final settlement of
this case. It has been agreed that the settlement amount shall be paid within 30
days from today, failing which insurer shall be liable to pay interest @ 8% per
annum from the date of award till realization.
A joint statement of the petitioner and learned counsel for the
insurance company recorded separately regarding the settlement.
Petitioner is directed to get opened his saving bank account near
the place of his residence. The Bank of claimant is directed to comply with the
following conditions:
(a) The Bank shall not permit any joint name(s) to be added in the savings bank
account or fixed deposit accounts of the claimant(s) i.e., the savings bank
account(s) of the claimant(s) shall be an individual savings bank account(s)
and not a joint account(s).
(b) The original fixed deposit shall be retained by the bank in safe custody.
However, the statement containing FDR number, FDR amount, date of
maturity and maturity amount shall be furnished by the bank to the
claimant(s).
(c) The monthly interest be credited by Electronic Clearing System (ECS) in the
savings bank account of the claimant(s) near the place of their residence.
Page 1
-- 1 of 2 --
(d) The maturity amounts of the FDR(s) be credited by Electronic Clearing
System (ECS) in the savings bank account of the claimant(s) near the place of
their residence.
(e) No loan, advance, withdrawal or pre-mature discharge be allowed on the fixed
deposits without permission of the Court.
(f) The concerned bank shall not issue any cheque book and/or debit card to
claimant(s). However, in case the debit card and/or cheque book have already
been issued, bank shall cancel the same before the disbursement of the award
amount. The bank shall debit card(s) freeze the account of the claimant(s) so
that no debit card be issued in respect of the account of the claimant(s) from
any other branch of the bank.
The bank shall make an endorsement on the passbook of the
claimant to the effect that no cheque book and/or debit card have been issued
and shall not be issued without the permission of the Court and claimant(s) shall
produce the passbook with the necessary endorsement before the Court on the
next date fixed for compliance.
The terms of disbursement of the award amount to the claimant
shall be decided after deposit of the settlement/ award amount.
Put up for passing the award before upcoming Lok Adalat,
scheduled to be held on 14.12.2024. The application is disposed of accordingly.
The date alreay fixed stands cancelled.
(Vijay Kumar Jha)
PO MACT-01 (SHD)/ KKD
Delhi/13.12.2024
Page 2
-- 2 of 2 --