Smt. Aarti Joshi v. Manharan @ Pintoo Banjare

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.1409 of 2017

1. Smt. Aarti Joshi W/o Late Bahadur Singh @ Motiram Aged About 28 Years R/o Near Khandobaba Mandir Ratanpur Ward No. 15 , Thana Ratanpur Tahsil Kota District Bilaspur Chhattisgarh. , Chhattisgarh

2. Som Joshi S/o Late Bahdur Singh @ Motiram Aged About 3 Years Appellant No. 2 Are Minor Through His Legal Guardian Mother Smt. Aarti Joshi . R/o Near Khandobaba Mandir Ratanpur Ward No. 15 , Thana Ratanpur Tahsil Kota District Bilaspur Chhattisgarh. , District : Bilaspur, Chhattisgarh ---- Appellants

Versus

1. Manharan @ Pintoo Banjare S/o Gayaram Aged About 28 Years R/o Village Electricity Nagar Tifra Thana Sirgitty District Bilaspur Chhattisgarh. , Chhattisgarh

2. M/s Bukhari Transport, Proprietor Smt Roshan Aara R/o Link Road Bilaspur District Bilaspur Chhattisgarh Owner The Offending Vehicle Tankar No. C G 10 / G 2014 . Owner., District : Bilaspur, Chhattisgarh

3. The National Insurance Company Limited. Divisional Office Taha Complex Byapar Vihar Road Bilaspur District Bilaspur Chhattisgarh Insurer The Offending Vehicle Tankar No. C.G. 10/ G 2014 Insurer, District : Bilaspur, Chhattisgarh ---- Respondents -------------------------------------------------------------------------------------------------------- For Appellants :

Shri AL Singroul, Advocate For Respondent No.3 :

Shri PK Tulsyan, 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 hence are acceptable.

We accordingly accept the compromise/settlement proposed by the parties and order that the

-2respondent No.3/Insurance Company shall pay Rs.2,50,000/- (Rupees Two lakhs and fifty 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 out of Rs.2,50,000/- an amount of Rs.1,25,000/- will be deposited in the account of Smt. Aarti Joshi through transfer of fund and rest of the amount Rs.1,25,000/- be deposited in the fixed term in any of the nationalised bank in the name of minor Som Joshi (appellant No.2) till attaining his majority. The amount of interest of the fixed deposit may be withdrawn by his mother/guardian Smt. Aarti Joshi yearly.

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