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High Court Of ChhattisgarhMAC/1627/2016partly allowed

Onkar Giri @ Chandrika Giri v. Pawan Kumar Awasthi

2017-04-08Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Mr. Justice Chandra Bhushan Bajpai Member - Lok Adalat : Mr. Vinay Harit, Sr. Advocate Misc. Appeal (C) No. 1627 of 2016

1. Onkar Giri @ Chandrika Giri, Son of Ved Giri, aged about 40 years,

2. Hemant Giri, Son of Onkar Giri @ Chandrika Giri, aged about 16 years,

3. Mahesh Giri, Son of Onkar Giri @ Chandrika Giri, aged about 14 years,

4. Ved Giri, son of late Pun Giri, aged about 65 years,

5. Shyam Bai, wife of Ved Giri, aged about 60 years, No.2 & 3 are minor, represented through father Onkar Giri @ Chandrika Giri son of Ved Giri, aged about 40 years, All are R/o. Village Chhote Leghra, Police Station Kosir, District Raigarh (CG) ---- Appellants

Versus

1. Pawan Kumar Awasthi, S/o. Late Sunder Lal Awasthi (OccupationDriver), R/o. Masturi, PS & Tahsil Masturi, District Bilaspur (CG) (Driver Jeep No.CG 10-G-0447)

2. Rakesh Kurre son of Dhaniram Kurre, R/o. Village Bakarkuda, Post Tikari, Police Station & Tahsil-Masturi, District Bilaspur (CG) (Owner Jeep No.CG-10-G-0447)

3. The Oriental Insurance Company Limited, through the Division Manager- Divisional Office Rama Trade Center, in front of Rajeev Plaza, Bilaspur, District Bilaspur Chhattisgarh ................(Insurer Jeep No.CG10-G-0447) ---- Respondents For Appellant :- Shri Rakesh Sahu, Advocate.

Shri Pradeep Shukla, Sr. Divisional Manager, duly authorised on behalf of respondent No.3 is present. He has submitted his self declaration that he is authorised on behalf of respondent No.3 to compromise in the matter. His self authorisation is recorded.

AWARD (Passed on 08th April, 2017) 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 are acceptable. We accordingly accept the compromise/settlement, proposed by the parties and order that in addition to the amount of compensation awarded by the Tribunal, the respondent No. 3,

-2The Oriental Insurance Company shall pay to the appellant a sum of Rs. 2,75,000/- (Two Lakh Seventy Five Thousands Only) by way of compensation, within two months from today, otherwise, interest @ 6% per annum from the date of present award, shall also be payable till its realization. Sd/- Sd/- (C.B. Bajpai) (Vinay Harit) Judge - Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Bini