Smt. Amroutin Bai Kashyap v. Ram Kumar Dhiwar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR NATIONAL LOK ADALAT Judge- Lok Adalat : Hon'ble Smt. Justice Rajani Dubey Member :Lok Adalat: Shri V.V.S.Murthy, Sr.Advocate MAC No. 941 of 2018 • Smt. Amroutin Bai Kashyap W/o Purshottum Kashyap Aged About 27 Years R/o Nayapara Kirtinager Sirgitty Ward No.14 Thana Sirgitty Tahsil And District Bilaspur, Chhattisgarh, • Prem Kumar Kashyap S/o Purshottum Kashyap Aged About 9 Years Minor Through Legal Guardian Mother Smt. Amroutin Bai (Appellant No.1), R/o Nayapara Kirtinager Sirgitty Ward No.14 Thana Sirgitty Tahsil And District Bilaspur, Chhattisgarh, • Ku. Manyta Kashyap D/o Late Purshottum Kashyap Aged About 3 Years Minor Through Legal Guardian Mother Smt. Amroutin Bai (Appellant No.1), R/o Nayapara Kirtinager Sirgitty Ward No.14 Thana Sirgitty Tahsil And District Bilaspur, Chhattisgarh (Claimants), ---- Appellants

Versus

• Ram Kumar Dhiwar S/o Late Firangi Lal Dhiwar Aged About 55 Years R/o Akaltarai Thana Ratanpur Tahsil Kota District Bilaspur, Chhattisgarh (Driver Of The Offending Vehicle Pickup No. C.G.10/a.D./5816), District : Bilaspur, Chhattisgarh • Bhagwan Singh S/o Bhaw Singh Aged About 40 Years Cost Kanwar, R/o Sekar Post Pudu Tendubhatha Belgahana Thana Ratanpur Tahsil Kota District Bilaspur, Chhattisgarh (Owner Of The Offending Vehicle Pickup No. C.G.10/a.D./5816), District : Bilaspur, Chhattisgarh • Branch Manager The United India Insurance Company Limited, Branch Office, Guru Kripa Tower, 2nd Floor, In Front Of Amber Auto Mobile, Byapar Vihar Road Bilaspur Thana City Line Tahsil And District Bilaspur, Chhattisgarh (Insurer Of The Offending Vehicle Pickup No. C.G.10/a.D./5816), District : Bilaspur, Chhattisgarh ---- Respondents For Appellants : Shri A.L.Singroul, Advocate For Resp.No.3/Insurance Company : Shri R.N.Pusty, Advocate AWARD (Passed on 14th July 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. 1,50,000/- 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 falling in the share of major appellant(s) shall be disbursed and for the minor appellant(s), the learned tribunal shall be at liberty to pass an order to deposit the share of compensation of minor appellant(s) as fixed deposit in any nationalized bank until they attain the age of majority.

3.

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

Sd/- Sd/- (Rajani Dubey) (V.V.S. Murthy) Judge -Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur suguna