Bhuwan Lal Kurre v. Dev Kumar Yadav
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.832 of 2017
1. Bhuwan Lal Kurre S/o Babu Lal Kurre, Aged About 55 Years Caste Satnami, R/o Village Gunsari Satnamipara, Thana Takhatpur District Bilaspur, Chhattisgarh
2. Navin Kumar Kurre S/o Bhuwan Lal, Aged About 16 Years Minor Through Their Legal Guardian Father Appellant No. 1, Caste Satnami, R/o Village Gunsari Satnamipara, Thana Takhatpur District Bilaspur, Chhattisgarh ................Claimants ---- Appellants
Versus
1. Dev Kumar Yadav S/o Sukalu Yadav, Aged About 26 Years R/o Village Limatara Masturi Thana Masturi District Bilaspur, Chhattisgarh ................Driver Of The Offending Vehicle Truck No. C.G.04 J 5727, Chhattisgarh
2. Imtiyaj Ali S/o Ahmad Ali, Aged About 33 Years R/o Station Road Satkar Hotal Gali Thana Kotwali Raipur And District Raipur, Chhattisgarh ................Owner Of The Offending Vehicle Truck No. C.G.04 J 5727, District : Raipur, Chhattisgarh
3. Branch Manager, The National Insurance Company Limited, Office Taha Complex Vyapar Vihar Road Tahsil And District Bilaspur, Chhattisgarh ................Insurer Of The Offending Vehicle Truck No. C.G.04 J 5727, 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 Bhuwan Lal Kurre 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 Navin Kumar Kurre (appellant No.2) till attaining his majority. The amount of interest of the fixed deposit may be withdrawn by his father/guardian Shri Bhuwan Lal Kurre 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