Smt. Kholbeharin Sahu v. Gurupal Singh

HIGH COURT OF CHHATTISGARH, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Mr. Justice Ram Prasanna Sharma, Member - Lok Adalat : Mr. Y.C. Sharma, Advocate Misc. Appeal (C) No.138 of 2016

1. Smt. Kholbeharin Sahu W/o Late Sh. Ram Kishun Sahu, Aged About 46 Years R/o Village Panchyat Hardi, Tahsil Akaltara, P. S. Ballod, District Jaanjgir Champa Chhattisgarh, Chhattisgarh

2. Surender Kumar Sahu S/o Late Sh. Ram Kishun Sahu, Aged About 17 Years Minor Through His Natural Guardian Mother Smt. Kholbeharin Sahu, R/o Village Panchayat Hardi, Tahsil Akaltara, P. S. Ballod, District Jaanjgir Champa Chhattisgarh

3. Kumari Dhaneshwari Sahu D/o Late Sh. Ram Kishun Sahu, Aged About 15 Years Minor Through Her Natural Guardian Mother Smt. Kholbeharin Sahu, R/o Village Panchayat Hardi, Tahsil Akaltara, P. S. Ballod, District Jaanjgir Champa Chhattisgarh ---- Appellants

Versus

1. Gurupal Singh S/o Avtar Singh, Aged About 24 Years R/o Village L. I. G. 36, Maharana Pratap, Nagar Korba, P. S. Korba, Tahsil And District Korba Chhattisgarh.......Driver Of The Offending Vehicle Truck Bearing No. C G 04 J 4138, Chhattisgarh

2. Avtaar Singh S/o Sh. Gurdeep Singh, Aged About 24 Years R/o Village L. I. G. 36, Maharana Pratap Nagar, Korba, P. S. Korba, Tahsil And District Korba Chhattisgarh.........Owner Of The Offending Vehicle Truck Bearing No. C G 04 J 4138, District : Korba, Chhattisgarh

3. The Branch Manager, Shri Ram General Insurance Company Limited Divisional Office 4th Floor, Maruti Heights, G. E. Road Raipur, District Raipur Chhattisgarh.......Insurer, District : Raipur, Chhattisgarh ---- Respondents -------------------------------------------------------------------------------------------------------- For Appellants :

Shri AL Singroul, Advocate For Respondent No.3 :

Shri Sachin Singh Rajput, Advocate -------------------------------------------------------------------------------------------------------- AWARD (Passed on 10.02.2018) 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

-2hence are acceptable.

We accordingly accept the compromise/settlement proposed by the parties and order that the respondent No.3/Insurance Company shall pay Rs.1,20,000/- (Rupees One lakh and twenty 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 @ 6% per annum from today shall also be payable till its realization of the additional amount of compensation.

2.

It is directed that all the three claimants namely Smt. Kholbeharin Sahu, Surender Kumar Sahu and Kumari Dhaneshwari Sahu will get equal share and the amount of each of the claimants shall be deposited in their account by the transfer of fund from the Tribunal. 3.

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/- (RP Sharma) (YC Sharma) Judge - Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Bini