Smt. Anjali Gusain, learned counsel for the appellant and respondent No. 1 – Sh. Ved Gupta in person are present.

Heard on delay condonation application.

This is delay condonation application filed by the appellant to condone the delay in filing the appeal.  The delay in filing the appeal has been explained by the appellant in the accompanying affidavit to the delay condonation application.

We are satisfied with the reasons shown by the appellant for delay in filing the appeal.  Therefore, the delay condonation application is allowed and the delay of 82 days’ in filing the appeal is condoned.

Heard on admission.

Admit the appeal.

As the respondent No. 1 is present in person and respondent Nos. 2 and 3 are also the offices of the appellant – insurance company, therefore, there is no need to issue notice to the respondents.

Heard.

Learned counsel for the appellant – insurance company has moved an application to the effect that respondent No. 1 – complainant has given the consent letter (Paper No. 17) for settlement of claim at sum of Rs. 4,98,000/- with the condition that he will retain the salvage of the vehicle.  It has been prayed that the present appeal be decided on the basis of consent given by respondent    No. 1, as the insurance company is ready to pay the amount mentioned in the consent letter.

Respondent No. 1 – Sh. Ved Gupta is present in person.  He has no objection if such an order is passed.

Therefore, with the consent of the parties, the appeal is finally disposed of.  Order impugned dated 25.10.2016 passed by the District Forum is modified to the extent that the appellant shall pay sum of Rs. 4,98,000/- to respondent No. 1 on account of loss suffered by him due to accident of the insured vehicle together with interest @8% p.a. from the date of impugned order passed by the District Forum, i.e., 25.10.2016 till payment; Rs. 10,000/- towards compensation for mental agony and Rs. 10,000/- towards litigation expenses.