Girija Bai v. Abdul Sattar

CHHATTISGARH HIGH COURT, BILASPUR E- LOK ADALAT (Arising out of award dated 24.03.2017 passed by 1 st Additional Judge of 1 st Additional Motor Accident Claims Tribunal, Raipur, C.G. in claim case No. 17/2013) Judge - Lok Adalat : Hon'ble Shri Justice Gautam Chourdiya Member - Lok Adalat : Shri Rajeev Shrivastava, Advocate Misc. Appeal (C) No. 1105 of 2017

1. Girija Bai Widow of Suresh Banjare, aged about 30 years,

2. Jayant Kumar son of Suresh Banjare, aged about 11 years,

3. Ku. Mallika Daughter of late Suresh Banjare, aged about 8 years, No. 2 & 3 are minor, represented through mother and legal guardian Girija Bai, All are resident of Village- Rakhi, Post- Tarra, District- Durg (C.G.). ---- Appellants

Versus

1. Abdul Sattar son of Abdul Rajjak resident of Block No. K, Room No. 105, R.D. Colony, Heerapur, Raipur, Police Station- Amanaka, District- Raipur (C.G.) (Driver of Car No. C.G./04/CZ 5500)

2. Nandkishore Agrawal son of late Peeramal Ji Agrawal, C/o Pooja Traders, Ramsagarpara, Raipur (C.G.) (Owner of Car No. C.G./04/CZ/5500)

3. Bharti Axa General Insurance Company Limited, through Incharge Officer, Bharti Axa General Insurance Company Limited, Chawla Complex, Devendra Nagar, Raipur, District- Raipur (C.G.) (Insurer of Car No. C.G./04/CZ-5500)

4. Pannalal son of Mangla Banjare, resident of Seja, Police Station- Palari, District- Balodabazar- Bhatapara (C.G.).

5. Geeta Bai wife of Pannalal Banjare, resident of Seja, Police Station- Palari,

District- Balodabazar- Bhatapara (C.G.).

---- Respondents ----------------------------------------------------------------------------------------------------------------------- For Appellants - Shri Arvind Shrivastava, Advocate.

For Respondent No. 03/Insurance Company - Shri N. K. Thakur, Advocate For Respondent Nos. 4 & 5 - Shri Govind Dewangan, Advocate ----------------------------------------------------------------------------------------------------------------------- Award (Passed on 11th July, 2020)

1. 1.

The contesting parties to this appeal have amicably settled/compromised the dispute, which is subject matter of this appeal, voluntarily. We have also found that the terms and conditions of compromise/settlement arrived at between the contesting parties are just, proper and legal. There is no legal impediment to compromise and hence are acceptable. We accordingly accept the compromise/settlement, proposed by the parties and order that the Respondent No.3/Insurance Company shall pay Rs. 3,50,000/- (three lacks, fifty thousand) by way of compensation in addition to the amount awarded by the Tribunal to the appellants and respondent Nos. 4 & 5 within sixty days from today, failing which the respondent No. 3/Insurance Company shall be liable to pay interest @ 6% per annum from today till its payment.

2.

2.

Copy of this award should be provided free of cost to the parties immediately.

Sd/- Sd/- (Gautam Chourdiya) ( Rajeev Shrivastava) Judge -Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur amita