Uttarakhand

StateCommission

A/15/107

Life Insurance Corporation of India Ltd. - Complainant(s)

Versus

Kamal Kishore Pandey - Opp.Party(s)

Mr. D. Ahluwlia

12 Dec 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
176 Ajabpur Kalan,Mothrowala Road,
Dehradun-248121
Final Order
 
First Appeal No. A/15/107
(Arisen out of Order Dated 06/05/2015 in Case No. 04/2014 of District Bageshwar)
 
1. Life Insurance Corporation of India Ltd.
through Branch office Bageshwar Through Manager, Legal Divisional office Nehru Colony Haridwar Road
Dehradun
Uttarakhand
...........Appellant(s)
Versus
1. Kamal Kishore Pandey
s/o late Ganesh Chander Pandey Vill. Kunadha Po. Kandha
Bageshwar
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE B.S. Verma PRESIDENT
 HON'BLE MR. D. K. Tyagi, H.J.S. MEMBER
 HON'BLE MRS. Veena Sharma MEMBER
 
For the Appellant:
For the Respondent:
ORDER

Put up today in Lok Adalat.

Sh. Deepak Ahluwalia, Advocate is present on behalf of the appellant.

Sh. Rajendra Kumar Kamboj, Advocate is present on behalf of respondent.  The respondent – Sh. Kamal Kishore Pandey is also present in person.

This appeal is directed against the order dated 06.05.2015 passed by the District Forum, Bageshwar in consumer complaint No. 04 of 2014.

The parties have arrived at a compromise and the respondent has agreed to waive off the interest awarded by the District Forum on the sum assured and the appellant shall pay the sum assured to the respondent together with Rs. 20,000/- awarded by the District Forum towards compensation for mental agony and Rs. 10,000/- towards litigation expenses, within a period of 30 days’ from the date of the order. 

The respondent has also no objection in setting aside the remaining part of the impugned order passed by the District Forum.

The compromise is accepted. 

The order impugned dated 06.05.2015 passed by the District Forum is modified to the extent of compromise arrived between the parties, as has been stated above.  It is directed that the appellant shall pay the assured amount of                Rs. 2,00,000/- to the respondent; Rs. 20,000/- towards compensation for mental agony and Rs. 10,000/- towards litigation expenses, as awarded by the District Forum, within a period of 30 days’ from today.  Rest of the impugned order passed by the District Forum is set aside in view of the compromise arrived between the parties.  The compromise shall form part of this order. 

The demand draft of the above amount of Rs. 2,30,000/- shall be prepared by the appellant in the name of respondent – Sh. Kamal Kishore Pandey, which shall be payable at Bageshwar.  The demand draft shall be handed over by the appellant to the respondent within a period of 30 days’ from today. 

After handing over the demand draft by the appellant to the respondent, the statutory amount of Rs. 25,000/- deposited by the appellant at the time of filing the appeal and further amount of Rs. 1,00,000/- deposited by the appellant in compliance of the stay order dated 10.06.2015, be released in favour of the appellant.

 
 
[HON'BLE MR. JUSTICE B.S. Verma]
PRESIDENT
 
[HON'BLE MR. D. K. Tyagi, H.J.S.]
MEMBER
 
[HON'BLE MRS. Veena Sharma]
MEMBER

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