1.       Heard learned counsel for the appellants and the learned counsel for the Insurance Company. An affidavit of compliance has been filed on 14.05.2024, along with it, the following document dated 07.04.2022 has been brought on record:

“Dated 07th April, 2022

Received Cheque No. 009363 dated 29/03/2022 for Re 50,20.000.00/- (Rs. Fifty Lakh Twenty Thousand Only) drawn on HDFC Bank as full and final payment on behalf of Bharti AXA Life Insurance Company Limited Le. Opposite Party/Respondent No. 1. in lieu of the Orders Passed by the Hon'ble State Consumer Disputes Redressal Commission, Punjab at Chandigarh in Consumer Complaint No. 478/2019 titled Rajinder Kumar & An Vis Bharti AXA Life Insurance Company Ltd. With this payment all dues have been settled between both the parties and nothing is left payable to the complainant. I understand that due to Covid 19 situation the processing of the cheque took little more time. I undertake that I will not claim any amount over and above Rs. 50,20.000/- which is being paid to me vide Cheque No. 009363 dated 29/03/2022.

       Sd/-

(Rajinder Kumar @ Rajinder Kumar Aggarwal)

S/o Sh. Radha Sham and Smt. Suman Gupta W/o Rajinder Kumar

Both residents of House No. 535, Basant Avenue, Amritsar

Punjab (M. No. 9814721207)”

2.       It appears that the appellants were objecting to the said settlement and today learned counsel for the appellants has supported his submissions by contending that the said document is not a document of any waiver with regard to the interest on the principal amount to which the appellant is otherwise entitled. He further submits that the undertaking in the document hereinabove is not waiver of any other claim as is being urged through the compliance affidavit.

3.       We have considered the submissions raised and the highlighted sentences of the aforesaid document leaves no room for doubt that the settlement is unequivocal and without any demur with regard to the rights and obligations of the parties pertaining to the amount received by the appellant. The sentence is categorical that all dues have been settled and that appellant shall not claim any amount over and above the same. This therefore is a conscious waiver and consequently the aforesaid document having been executed during the pendency of the appeal is sufficient to construe that the appeal no longer survives for any adjudication regarding the disputed amount. The document therefore as filed and the contents whereof have not been disputed by the learned counsel for the appellant, the same forecloses the dispute between the parties. The appeal therefore is consigned in the aforesaid terms.