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High Court Of ChhattisgarhMAC/611/2017partly allowed

Ajay Thathera @ Ajju v. Gulab Prasad

2018-09-08Hon'Ble Shri Justice Gautam Chourdiya2 pages

CHHATTISGARH HIGH COURT, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Shri Justice Gautam Chourdiya Member - Lok Adalat : Shri Rajeev Shrivastava, Advocate. Misc. Appeal (C) No. 611 of 2017

1. Ajay Thathera @ Ajju, S/o Ramfer, aged about 21 years, R/o Ward No.15, Manendragarh, District Korea (C.G.) ---- Appellant

Versus

1. Gulab Prasad, S/o Shriram Prasad, aged about 21 years, R/o Village Baburi, Police Station Baburi, District Chandouli (U.P.)

2. Branch Manager, United Insurance Company Limited, Branch Office, Division Office No.2, Ramkatora Crossing, Varanasi (U.P.) ---- Respondents ----------------------------------------------------------------------------------------------------------------------- For Appellant - Shri Anil Gulati, Advocate.

For Respondent No.3/Insurance Company - Smt. Chitra Shrivastava, Advocate. -----------------------------------------------------------------------------------------------------------------------

ORDER

(Passed on 08th September, 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.4,50,000/- by way of compensation in addition to the amount awarded by the Learned Tribunal to the appellant within 60 days from today. In case the amount is not paid within stipulated time then the interest @ 7% per annum from the date of passing of this compromise award shall also be payable till its realization.

2.

Appellant is present today and he states that he wants to start some business for his livelihood, therefore he wants 30% compromise amount. It is directed that the 30% compromise amount be given to the Appellant after verification and rest of the amount be deposited according to the direction. 3.

Copy of this award should be provided free of cost to the parties immediately. 4.

If the amount is not deposited within time, interest would be applicable as per award passed by the Tribunal.

Sd/- Sd/- (Gautam Chourdiya) (Rajeev Shrivastava) Judge -Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Brijmohan