Smt. Uma Sao v. Syaman Lal Goyal

HIGH COURT OF CHHATTISGARH, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Smt. Justice Rajani Dubey Member - Lok Adalat : Mr. Vivek Ranjan Tiwari, Advocate MAC No . 131 of 2018

1. Smt. Uma Sao W/o Late Suraj Sao aged about 29 years.

2. Kumari Shreya D/o Late Suraj Sao aged about 10 years. Appellant No. 2 is minor through her legal guardian mother Smt. Uma Sao (Appellant No. 1)

3. Smt. Gyani Bai Sao W/o Late kela Prasad Sao aged about 65 years.

All are R/o Maharanai Hospital Raod Pratapganjpara Jagdalpur District Bastar (C.G.) ---- Appellants

Versus

1.

Syaman Lal Goyal S/o Mohan Lal Goyal about 32 years. R/o Kumharpara Near Ayurved Aashdhalay Jagdlpur District Bastar (C.G.).(Driver of the offending vehicle motor cycle No. C.G. 17/ K.J./3747) 2.

Manish Kumar Goyal S/o Suresh Kumar Goyal about 24 years. R/o Kumharpara Near Ayurved Dispensary Jagdalpur District Baster (C.G.) (Owner of the offending vehicle motor cycle No. C.G. 17/ K.J./3747) 3.

The National Insurance Company Limited. Through Branch Manager, in front of Chief Post Office Jagdalpur District Bastar (C.G.) (Insurer of the offending vehicle motor cycle No. C.G. 17/ K.J./3747) ---- Respondent -------------------------------------------------------------------------------------------------------- For Appellants :

Mr. A.L. Singroul, Advocate For Respondent No.3 :

Mr. Raj Awasthi, Advocate -------------------------------------------------------------------------------------------------------- AWARD (Passed on 14.09.2019) The contesting parties to this appeal have amicably settled/compromised the dispute which is subject matter of the appeal, voluntarily. We have also found that the terms and conditions of

-2compromise/settlement arrived at between the contesting parties are just, proper and legal. There is no legal impediment to compromise and hence are acceptable.

2.

We accordingly accept the compromise/settlement proposed by the parties and order that the respondent No.3/Insurance Company shall pay Rs. 4,10,000/- (Rupees Four Lakh Ten Thousands only) by way of compensation in addition to the amount awarded by the learned Tribunal to the appellants within 60 days from today, otherwise interest @ 9% per annum from today shall also be payable till its realization of the additional amount of compensation.

3.

It is observed that the appellant No. 2 is minor, therefore, it is directed that her share shall be kept in the form of fixed deposit in any Nationalized bank which would be renewable and would be payable on attaining the age of majority, as awarded by the tribunal. 4.

A copy of the docket (compromise arrived at between the parties) be sent to the Claims Tribunal along with its record, if any, and a copy of the award passed today, forthwith.

Sd/- (Rajani Dubey) Sd/- (Vivek Ranjan Tiwari) Judge Lok Adalat High Court of Chhattisgarh Member Lok Adalat High Court of Chhattisgarh Bilaspur Bilaspur Vijay Sahu