Baldau Prasad Ratnakar v. Jageshwer Prasad Suryawanshi

NATIONAL LOK ADALAT CHHATTISGARH HIGH COURT, BILASPUR MAC No. 470 of 2018

1. Baldau Prasad Ratnakar S/o Late Lalji Ratnakar Aged About 50 Years,

2. Ku. Priti Ratnakar D/o Baldau Prasad Ratnakar Aged About 24 Years,

3. Ku. Shradhdha Ratnakar D/o Baldau Prasad Ratnakar Aged About 20 Years, All R/o - Village Parsahi (Bana), Thana - Akaltara, Tahsil - Akaltara, District - Jangir Chapa, Chhattisgarh.

---- Appellants

Versus

1. Jageshwer Prasad Suryawanshi S/o Ramprasad Suryawanshi Aged About 38 Years R/o Aamanara Thana Seepat Tahsil Masturi District Bilaspur, Chhattisgarh (Driver Of The Offending Vehicle Trailer No. C.G.10-A.B.- 1553),

2. Shri Nivaschand Bhojashiya S/o Late Jagdish Prasad Bhojashiya Aged About 45 Years R/o Budgahan Road Baloada Thana Baloada District Janjgir-Champa, Chhattisgarh (Owner Of The Offending Vehicle Trailer No. C.G.10-A.B.-1553),

3. Branch Manager, The Oriental Insurance Company Limited Branch Office Rama Tred Center 1st Floor Old Bus Stand In Front Of Rajeev Plaza Thana Civil Line Tahsil & District Bilaspur, Chhattisgarh (Insurer Of The Offending Vehicle Trailer No. C.G.10-A.B.-1553). ---- Respondents Appellant(s)with Shri A.L. Singroul, Advocate. Respondent(s)- 3 with Shri R.N. Pusty, Advocate. AWARD (Passed on 14th July, 2018) 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. 3,60,000/-(Rupees three lakhs sixty 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