Santram Barle v. Ram Khilavan Sarthi

NATIONAL LOK ADALAT CHHATTISGARH HIGH COURT, BILASPUR MAC No. 448 of 2018 • Santram Barle S/o Late Chanduram Barle Aged About 55 Years R/o Lidari Post Jaroundha Thana Takhatpur Tahsil and District Bilaspur, Chhattisgarh. (Claimant), ---- Appellant

Versus

1. Ram Khilavan Sarthi S/o Late Relaram Sarthi Aged About 34 Years R/o Kundrapara Durg Thana Mohan Nagar Durg Tahsil and District Durg, Chhattisgarh (Driver Of The Offending Vehicle Car No. C.G.07/f/9018),

2. Chiranjiv Chandrakar S/o Shri Ramm Chandrakar Aged About 46 Years R/o Medical Stores Borsi Durg Thana Pulgaon Durg Tahsil and District Durg, Chhattisgarh (Owner Of The Offending Vehicle Car No. C.G.07/f/9018),

3. Branch Manager The Oriental Insurance Company Limited, Branch Office, Rama Tred Center In Front Of Rajiv Plaza Old Bus Stand Bilaspur Tahsil and District Bilaspur, Chhattisgarh (Insurer Of The Offending Vehicle Car No. C.G.07/F/9018), ---- Respondents Appellant(s)with Shri A.L. Singroul, Advocate. Respondent(s)- 3 with Shri Sudhir Agrawal, Advocate. AWARD (Passed on 14th July, 2018) As the compromise has taken place between the parties for settlement, delay of 125 days in filling this appeal is condoned. The contesting parties to this appeal have amicably settled/compromised the dispute, which is subject matter of this 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 and hence they are acceptable. We accordingly accept the compromise/settlement, proposed by the parties and order that respondent(s) No. 3/Insurance Company shall pay to the appellant(s) an additional sum of Rs. 30,000/-(Rupees thirty thousand only) by way of compensation, within sixty days from today, otherwise, interest @ 6% per annum from the date of filing of the claim petition, shall also be payable till realization of the additional amount of compensation. 50% of the enhanced amount shall be kept in fixed deposit in a nationalized bank for a period of one year and rest of the amount shall be paid to the appellant(s) as per norms of the Claims Tribunal. Share of the minor appellant(s), if any, shall be kept in fixed deposit in a nationalized bank till their attaining age of majority.

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. Conditions imposed by the Tribunal will remain as it is.

Sd/- Sd/- (Parth Prateem Sahu) (Rajeev Shrivastava) Judge - Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Pawan