Smt. Kachari Baghel v. Sankar Ram

CHHATTISGARH HIGH COURT, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Shri Justice Rajendra Chandra Singh Samant Member - Lok Adalat : Shri V.V.S. Murthy, Sr. Advocate HIGH COURT OF CHHATTISGARH, BILASPUR MAC No. 753 of 2018

1. Smt. Kachari Baghel W/o Late Jagat Ram Baghel Aged About 25 Years R/o Sirhapara Village Palli-Chakva Post Capital Chakva Thana Ghotiya Chouki District Baster, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

2. Kumari Lakhami Baghel D/o Late Jagat Baghel Aged About 1 Years Minor Through Legal Guardian Mother Kachari Bai (Appellant No.1) R/o Sirhapara Village PalliChakva Post Capital Chakva Thana Ghotiya Chouki District Baster, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

3. Smt. Baidai Baghel W/o Late Budaru Ram Baghel Aged About 55 Years R/o Sirhapara Village Palli-Chakva Post Capital Chakva Thana Ghotiya Chouki District Baster, Chhattisgarh (Claimants), District : Bastar(Jagdalpur), Chhattisgarh ---- Petitioners

Versus

1. Sankar Ram S/o Late Vaduram Nayak Aged About 26 Years Cast Bhatra, Occupation Teacher, R/o Patel Para Village Post Chapka Thana Bhanpuri District Baster, Chhattisgarh (Driver Of The Offending Vehicle Motorcycle No. C.G.17 K.J./7579), District : Bastar(Jagdalpur), Chhattisgarh

2. Sonuram Kashyap S/o Ratan Singh Kashyap Aged About 30 Years R/o Village Jhatarai Post Lamker Thana Bhanpuri District Baster, Chhattisgarh (Owner Of The Offending Vehicle Motorcycle No. C.G.17 K.J./7579), District : Bastar(Jagdalpur), Chhattisgarh

3. The National Insurance Company Limited Through Branch Manager In Front Of Main Post Office, Jagdalpur, District Baster, Chhattisgarh (Insurer Of The Offending Vehicle Motorcycle No. C.G.17 K.J./7579), District : Bastar(Jagdalpur), Chhattisgarh ---- Respondents ----------------------------------------------------------------------------------------------------------------------- For Appellants -Shri A.L. Singroul, Advocate.

For respondent No.3/Insurance Company -Shri Sanjay Patel, Advocate with Shri Ankit Dalal, Administrative Officer & Shri Hilarious

Kujur, Asst. Manager.

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ORDER

(Passed on 9th March, 2019)

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.1,10,000/- by way of compensation in addition to the amount awarded by the Learned Tribunal to the appellants within 60 days from today. In case the amount is not paid within stipulated time then the interest @ 9% per annum from the date of passing of this compromise award, shall also be payable till its realization.

2. The compensation amount failing in the share of major appellant shall be disbursed and for the minor appellant, the learned tribunal shall be at liberty to pass an order to deposit the share of compensation of minor appellant as fixed deposit in any nationalized bank until she attains the age of majority.

3. Copy of this award should be provided free of cost to the parties immediately. Sd/- Sd/- (R.C.S. Samant) (V.V.S. Murthy) Judge -Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Nisha