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High Court Of ChhattisgarhMAC/538/2018partly allowed

Ku. Riya Goyal v. Sundar Singh

2018-09-08Hon'Ble Shri Justice Gautam Chourdiya2 pages

CHHATTISGARH HIGH COURT, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Shri Justice Gautam Chourdiya Member - Lok Adalat : Shri Rajeev Shrivastava, Advocate. Misc. Appeal (C) No. 538 of 2018 • Ku. Riya Goyal, D/o Praveen Goyal, aged about 12 years, Minor Through Natural Guardian Father Praveen Goyal, aged about 38 years, R/o Village - Kanthi, P.S. Darima, Tahsil - Ambikapur, District Surguja (C.G.) ---- Appellant

Versus

1. Sundar Singh, S/o Balruch Ram, aged about 33 years, Occupation - Driver, R/o Village - Sakhouli, Post & Tahsil - Shankargarh, District Surguja (C.G.)

2. Chandrabhan Agrawal, S/o Nil, Occupation - Owner (Pickup Jeep), Village - Sakhouli, Post & Tahsil - Shankargarh, District Surguja (C.G.)

3. Divisional Manager, The United India Insurance Company Ltd., Branch Office - Brahm Road - Ambikapur, District Surguja (C.G.) ---- Respondents ----------------------------------------------------------------------------------------------------------------------- For Appellant - Shri A.N. Pandey, Advocate.

For Respondent No.3/Insurance Company - Smt. Chitra Shrivastava, Advocate. -----------------------------------------------------------------------------------------------------------------------

ORDER

(Passed on 08th September, 2018) 1.

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. 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.40,000/- by way of compensation in addition to the amount awarded by the Learned Tribunal to the appellant within 60 days from today. In case the amount is not paid within stipulated time then the

interest @ 6% per annum from the date of passing of this compromise award shall also be payable till its realization.

2.

Copy of this award should be provided free of cost to the parties immediately. 3.

If the amount is not deposited within time, the interest would be applicable as per the award passed by the Tribunal.

4.

The agreement signed by both the parties has been kept on record which will be a part of the order.

Sd/- Sd/- (Gautam Chourdiya) (Rajeev Shrivastava) Judge -Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Brijmohan