C.G.State Electricity Board And Others v. Smt.Sadhani Bai And Others

-1HIGH COURT OF CHHATTISGARH, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Shri Justice Rajendra Chandra Singh Samant Member - Lok Adalat : Shri V.V.S. Murthy, Sr. Advocate. FA No. 96 of 2007

1. Chhattisgarh State Electricity Board, Through - Executive Director (O& M), Head office Daganiya, Raipur, Tahsil & Distt. Raipur (C.G.)

2. Chief Executive Engineer (O&M), Chhattisgarh State Electricity Board, Mahasamund, Tehsil & Distt. Mahasamund (C.G.)

3. Junior - Engineer, Rural Area, Chhattisgarh State Electricity Board, Mahasamund, Tehsil & Distt. Mahasamund (C.G.) ---- Appellants

Versus

1. Smt. Sadhani Bai W/o Late Naresh Kumar Madukar, Aged about 35 years, Cast Satnami, Occupation - Housewife, R/o Village Boriyajhar, Thana Mahasamund, Tahsil & Distt. Mahasamund (C.G.)

2. Rajendra, S/o Late Naresh Kumar Madukar, Aged about 20 years, Cast Satnami, R/o Village Boriyajhar, Thana Mahasamund, Tahsil & Distt. Mahasamund (C.G.)

3. Rajesh S/o Late Naresh Kumar Madukar, Aged about 18 years, Cast Satnami, R/o Village - Boriyajhar, Thana Mahasamund, Tahsil & Distt. - Mahasamund (C.G.)

4. Ku. Reena, D/o Late Naresh Kumar Madukar, Aged about 16 years, Minor through Guardian Mother Smt. Sadhani Bai, R/o Village - Boriyajhar, Thana Mahasamund, Tahsil & Distt. - Mahasamund (C.G.)

5. Chandrashekhar Sinha S/o Late Bisesar Sinha, Cast - Kalaar, R/o Village - Boriyajhar, Thana Mahasamund, Tahsil & Distt. - Mahasamund (C.G.)

6. Sant Ram Sahu, S/o Pancham Sahu, Aged about 39 years, R/o Village - Boriyajhar, Thana Mahasamund, Tahsil & Distt. - Mahasamund (C.G.)

7. State of Chhattisgarh, Through - Collector, Mahasamund, District Mahasamund (C.G.) ---- Respondents For Appellants :- Shri Brajendra Singh, Sr.Law Officer, O/O E.D.(BR), CSPDCL, Bilaspur, C.G.

For Respondents 1 to 4 - Shri G.P. Kurre, Advocate. AWARD (Passed on 9th March, 2019) 1.

This first appeal has been preferred against the judgment and decree dated 03-03-2007 passed by the District Judge Raipur, District Raipur, C.G. in Civil Suit No.7B/2005 whereby a judgment and decree has been passed in favour of the plaintiffs/respondents 1 to 4 to the tune of Rs.2,50,000/-. 2.

On behalf of the appellants and respondents 1 to 4 a compromise

-2petition (docket) has been filed jointly wherein the parties have agreed and amicably settled the issue in the following terms:- (i) Appellant shall pay in all Rs.400000/- (Rs. Four Lacs) within three months, (ii) No any interest other than four lacs is liable to be paid, (iii) Respondent shall not claim any further amount other than 4 lacs as mentioned in para 1, (iv) any payment made earlier shall be deducted.

3.

Senior Law Officer representing the appellants and counsel for respondents 1 to 4 have given statement before this Court that they have given their consent freely without any influence. 4.

As the dispute between the parties is going to be completely resolved on the basis of this compromise petition presented before this Lok Adalat, the terms of compromise are lawful, therefore, the compromise petition is allowed and the reliefs are granted accordingly:- (i) The appellants shall pay in all Rs.400000/- (Rs. Four Lacs) to respondents 1 to 4 within three months, (ii) No any interest other than four lacs is liable to be paid, (iii) Respondents 1 to 4 shall not claim any further amount other than 4 lacs as mentioned in para (i), (iv) any payment made earlier shall be deducted.

5.

The appellants are entitled for refund of Court Fees according to the rules regarding which certificate be issued.

6.

No order as to cost.

7.

Decree be drawn accordingly.

8.

The appeal is disposed off in Lok Adalat.

Sd/- Sd/- (R.C.S. Samant) (V.V.S. Murthy) Judge - Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Aadil