Smt. Sarojani Patel v. Kalicharan Khusaro

CHHATTISGARH HIGH COURT, BILASPUR E - LOK ADALAT Judge - Lok Adalat : Hon'ble Mr. Justice Goutam Bhaduri Member - Lok Adalat : Shri Y.C. Sharma, Advocate MAC No. 365 of 2019

1. Smt. Sarojani Patel W/o Late Kapoorchand Patel Aged About 30 Years

2. Raja Patel S/o Late Kapoorchand Patel Aged About 15 Years

3. Raj Patel S/o Late Kapoorchand Patel Aged About 13 Years Appellant No.2 to 3 are Minor Through Legal Guardian Mother Smt. Sarojani Patel. All R/o Village Nirtu, Mouharpara, Post Office Ghutku Thana- Koni, District Bilaspur, Chhattisgarh ---- Appellants

Versus

1. Kalicharan Khusaro S/o Khushal Singh Khusaro Aged About 30 Years R/o T. P. Nagar Korba Tahsil And District Korba, Chhattisgarh. Through Aashish Road, Lines, And Aashish Enterprises Pro. Lalit Pujara Jagmal Chowk Stain Road Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. ............Driver Of The Offending Vehicle Trailer No. C. G. 10/y./0288. .......Driver.

2. Aashish Road Lines And Aashish Enterprises Pro. Lalit Pujara Jagmal Chowk Station Road Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. .........(Owner Of The Offending Vehicle Trailer No. C. G. 10/y./0288). ..........Owner

3. The United India Insurance Company Limited Through Divisional Manager United India Insurance Company Limited. Through Divisional Office, Guru Kripa Towers 2nd Floor In Front Of Amber Auto Mobiles Byapar Vihar Bilaspur Tahsil And District Bilaspur, Chhattisgarh, ...........Insurer Of The Offending Vehicle Trailer No. C. G. 10 /y./0288. ..........Insurer ---- Respondents ------------------------------------------------------------------------------------------------------------------- For Appellants - Shri A.L. Singroul, Advocate For respondent No.3 - Shri R.N. Pusty, Advocate -------------------------------------------------------------------------------------------------------------------

ORDER

(Passed on 11th of July, 2020) The appellants are identified by Shri A.L. Singroul, Advocate for the appellants and Shri R.N. Pusty, Advocate for insurance company. Case is settled in the following terms. The contesting parties to this appeal have amicably and voluntarily settled/compromised the dispute, which is subject matter of this appeal. 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 insurance company shall pay Rs.4,48,000/- (Four Lakhs & Fourty Eight Thousand only) by way of compensation in addition to the amount awarded by the Learned Tribunal to the appellants within 60 days from the date of receipt of the order, otherwise the amount of award will carry interest @ 9% per annum from the date of filing of the claim petition, shall also be payable till its realization. It is further observed that the amount enhanced shall be ratably distributed as per the percentage of share of the original award among the beneficiaries. Sd/- Sd/- (Goutam Bhaduri) (Y.C. Sharma) Judge -Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur ashu