Smt. Tara Bai v. Rajendra Kumar Kaivart

CHHATTISGARH HIGH COURT, BILASPUR E- LOK ADALAT Judge - Lok Adalat : Hon'ble Mr. Justice Goutam Bhaduri Member - Lok Adalat : Shri Y.C. Sharma, Advocate MAC No. 1199 of 2019

1. Smt. Tara Bai W/o Late Lochan Prasad Aged About 47 Years

2. Haldhar Prasad Patel S/o Late Lochan Prasad Aged About 29 Years Farmer

3. Rupdhar Patel S/o Late Lochan Prasad , Aged About 26 Years Farmer All are R/o Village - Navrangpur, Thana - Bhupdev, Tahsil - Kharsiya District - Raigarh Chhattisgarh ---- Appellants

Versus

1. Rajendra Kumar Kaivart S/o Dhaniram Kaivart Aged About 29 Years R/o Village Mauhar, Post - Pathiyapali, Thana - Urga, Tahsil And District - Korba Chhattisgarh. ( Non Applicant No. 1 ) Driver,

2. Chhattisgarh Cement Product , Through - Pro. Sima Pandey, R/o Main Road Urga, Thana - Urga, Tahsil And District - Korba Chahttisgarh. ( Non Applicant No. 2 )

3. National Insurance Company Ltd., Regional Office Korba - 290600, Plot No. 768, First Floor, Above Bandhan Bank, Niharika Kosabadi, Main Road Korba, Tahsil And District - Korba Chhattisgarh. ( Non Applicant No. 3 ) ---- Respondents ----------------------------------------------------------------------------------------------------------------------- For Appellants - Mr. Sanjay Agrawal, Advocate.

For respondent No.3 - Mr. Ashish Gupta, Advocate.

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ORDER

(Passed on 11th July, 2020) The appellants are identified by Mr. Sanjay Agrawal, Advocate and Mr. Ashish Gupta, counsel for insurance company and Mr. P.S. Bindra, In-charge are present. Case is settled in the following terms. 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 insurance

company shall pay Rs.3,75,000/- (Three Lakhs Seventy Five Thousand Rupees) by way of compensation in addition to the amount awarded by the Learned Tribunal to the appellants within 60 days from the date of receipt of this order, otherwise interest @ 9 % per annum from the date of filing of the claim petition, shall also be payable till its realization.

It is further observed that the amount enhanced shall be ratably distributed as per the percentage of share of the original award among the beneficiaries. Sd/- Sd/- (Goutam Bhaduri) (Y.C. Sharma) Judge -Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Vishakha