Cg. State Electricity Board v. Hemendra Kuma And Others

HIGH COURT OF CHHATTISGARH. BILASPUR IX NATIONAL LOKADALAT Judge - LokAdalat Member - LokAdalat : Hon'ble WIr. Justice Ram Prasanna Sharma, : Mr. Pramod KumarVerma, Sr.Advocate First Appeal No.43 of 2009 Chhattisgarh State Electricity Board, Through its Chairman, Dagniya, Raipur (Chhattisgarh) --Appellant

Versus

1.

Hemendra Kumar, Aged about 14 years, S/o. Late Puniram (Deleted) 2.

Ku. Tara @ Usha Bai D/o Late Puniram, aged about 4 years, Minor Through Natural Guardian Smt. Dhaneshwari @ Kauwa Bai Caste Satnami R/o KosirThana Kosir, Tah. Sarangarh, Raigarh (Chhattisgarh) •^.'

3.

Uttari Bai D/o Late Puniram, Aged about 19 years, Caste Satnami R/o KosirThana Kosir, Tah. Sarangarh, Raigarh (Chhattisgarh) 4.

Dhaneshwari @ Kauwa Bai Wd/o Late Puniram, Aged about 38 years, Caste Satnami R/o Kosir Thana Kosir, Tah.

Sarangarh, Raigarh (Chhattisgarh) -- Respondents ForAppellants For Respondents Shri Brijendra Singh, Sr. Law Officer Shri Manoj Kumar Jaiswal, Advocate AWARD (Passed on 22.4.2018) 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 compromise/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 "-f^ the parties and order that the appellant (Chhattisgargh State Power Distribution Company Limited) shall pay Rs.2,30,500/- (Rupees Two

~%^ ^•^-•'

^ '?1 ^••^-rft.-•-'~yr^ • } -2Lakh Thirty Thousand Five Hundred only) by way of compensation to the respondents/plaintiffs namely Ku. Tara @ Usha Bai, Uttari Bai and Dhaneshwari @ Kauwa Bai within a period of three months from today, otherwise interest @ 6% per annum from today shall also be payable till its realization. Dhaneshwar @ Kauwa Bai is also guardian of respondent Ku. Tara @ Usha Bai.

3.

It is directed that all respondents namely Ku. Tara @ Usha Bai, Uttari Bai and Dhaneshwari @ Kauwa Bai shall get equal share and amount of their share will be deposited in their account through transfer of fund.

Share of minor respondent Ku. Tara @ Usha Bai will be deposited in any nationalized bank in her name till herattaining the age of majority.

4.

The amount of Rs.1,80,500/- already deposited by the appellant will be adjusted against the amount of Rs.2,30,500/-. The parties are entitled to refund the Court fee deposited in the trial Court as well as this Court.

5.

Pari:ies to bear their own cost.

6.

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/- Sd/- ^ (PKVerma) Member- LokAdalat High Court of Chhattisgarh Bilaspur (RP Sharma) Judge'- LokAdalat High Court of Chhattisgarh Bilaspur r-t