Chameli Bai Chankdrakar v. Suresh Kumar Sai

CHHATTISGARH HIGH COURT, BILASPUR E - LOK ADALAT Judge - Lok Adalat : Hon'ble Mr. Justice Goutam Bhaduri Member - Lok Adalat : Mr. Y.C. Sharma, Advocate M.A.(C) No. 466 of 2020

1. Chameli Bai Chankdrakar Wd/o Narendra Kumar Chandrakar Aged About 30 Years

2. Arvind Chandrakar S/o Late Narendra Kumar Chandrakar Aged About 8 Years Minor Through Natural Guardian Mother Chameli Bai

3. Yashwant Kumar Chandrakar S/o Late Narendra Kumar Chandrakar Aged About 10 Years Minor Through Natural Guardian Mother Chameli Bai

4. Sumitra Bai Chandrakar W/o Sadhuram Chandrakar Aged About 50 Years

5. Sadhuram Chandrakar S/o Milauram Chandrakar Aged About 60 Years All Resident Of Village Betar, Police Chouki Khandsara, Police Station, Tahsil And District Bemetara, Chhattisgarh.

---- Appellants

Versus

1. Suresh Kumar Sai S/o Satveer Sai Resident Of Village Saray, Police Station And Tahsil Udaypur Vati, District Jhunjhun, Rajasthan. (Driver)

2. Satveer Singh S/o Mangu Ram Resident Of Village Saray, Police Station And Tahsil Udaypur Vati, District Jhunjhun, Rajasthan. (Owner)

3. Branch Manager The United India Insurance Company Ltd., 1st Floor Krishna Complex, Ghadi Chowk Jail Road, Raipur Chhattisgarh. (Insurer) ------Respondents ------------------------------------------------------------------------------------------------------------------- For Appellants - Mr. Amit Kumar Sahu, Advocate For Respondent No.3/ - Mr. R.N.Pusty, Advocate Insurance Company ------------------------------------------------------------------------------------------------------------------- AWARD/ ORDER (Passed on 11th July, 2020) The Appellants are identified by Shri Amit Kumar Sahu, Advocate for the Appellants and Shri R.N.Pusty, Advocate for the 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 No. 3/ insurance company shall pay Rs. 3,50,000/- (Three Lakhs Fifty Thousand Only) by way of compensation in addition to the amount awarded by the learned Tribunal to the appellants within 60 days from 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 Ashok