Smt. Himalay Bai v. Krishna Kumar Patil

NATIONAL LOK ADALAT CHHATTISGARH HIGH COURT CAMPUS : BILASPUR MAC No. 1035 of 2017

1. Smt. Himalay Bai Wd/o Late Prakash Kumar Netam, Aged About 30 Years.

2. Kumari Anjula Netam D/o Late Prakash Kumar Netam, Aged About 6 Years.

3. Kumari Anisha Netam D/o Late Prakash Kumar Netam, Aged About 5 Years.

4. Kumari Ishita Netam D/o Late Prakash Kumar Netam, Aged About 5 Years.

5. Yuvraj Singh Netam S/o Late Prakash Kumar Netam, Aged About 2 Years.

6. Tirith Ram Netam S/o Mahar Singh Netam, Aged About 54 Years. Appellants No.2 to 5 are minor through mother (natural guardian) appellant No.1 Smt. Himalay Bai.

All are R/o Village-Limha, Police Station- Ratanpur, Post- Beltara, District (Revenue & Civil), Bilaspur, Chhattisgarh. ---- Appellants

Versus

1. Krishna Kumar Patil S/o Motiram Patil, Aged About 51 Years, R/o S.E.C.L. Gevra, Quarter No.-B-01-38, Urja Nagar, Gevra, District Revenue and Civil - Korba, Chhattisgarh.

2. Magma H.D.I. General Insurance Company Limited, Through Branch Manager, Branch Office 102, Indira Commerical Complex, B.H. Hotel Natraj, Transport Nagar, Korba, District Revenue and Civil -Korba, Chhattisgarh.

............Respondents.

__________________________________________________________ Shri Anand Kesharwani, Advocate for the appellants. Shri Ghanshyam Patel, Advocate for respondent No.2/Insurance Company. ___________________________________________________________ AWARD (Passed on this 11th December, 2021)

1. The present appeal has been filed by claimants for enhancement of amount of compensation arising out of the death of Prakash Kumar Netam, who has died in a motor accident. Learned Claims Tribunal has awarded an amount of Rs.4,52,000/- towards the compensation to claimants and payabale by respondent No.2/Insurance Company. Since applicants No.2 to 5, before Tribunal, are minors, therefore Tribunal has directed that out of awarded amount, Rs.50,000/- shall be deposited in the name of minor claimants No.2 to 5 in the Nationalized Bank in the shape of fixed deposit till they attain age of majority.

2. Respondent No.2/Insurance Company submitted a docket and proposed to pay Rs.8 lakhs more in addition to the amount awarded by Tribunal within a period of two months from today, which is accepted by the appellants.

3. In view of above, it is directed that out of this Rs.8 lakhs, amount of Rs.1 lakhs each be deposited in the name of each minor claimants in the shape of fixed deposit in a Nationalized Bank, which is cashable by minor claimants after attaining the age of majority. Sd/- Sd/- Sanjay S. Agrawal Dr. NK Shukla Judge - Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Jamal/-