Smt. Santoshi Thakur And ORS v. Patilal Khairwar And ORS

IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT

Singge Wmh BILASPUR Misc. Appeal [C1 No.

49?

/2014 g/L Smt.

Santoshi Thakur, Wd/o Late Shri APPELLANTS Prahlad Singh, aged about 3'7 years Kumari Shashi Singh, daughter of Late 2.

/ Shri Prahlad Singh, aged about 2O years 3.

rKumari Bindu Singh, daughter of Late W" Shri Prahlad Singh, aged about t years 4.

Kumari Bindiya Singh, daughter of Late a» Shri Prahlad Singh, aged about years 5.

Kumari Chhaya Singh, daughter of Late '

[Shri Prahlad Singh, aged about years Kumari Khushbu Singh, duagher of " Late Shri Prahlad Singh, aged about 14 i years , Nikhil Singh Thakur, son of Late Shri , Prahlad Singh, aged about 10 years Appellants No.

5 to 7 are minor, hence impleaded through their natural guardian mother/ appellant No.

1 Smt.

Santoshi Thakur, Wd/o Late Shri Prahlad Singh All resident of Village Podibahar, Korba, Tehsil and District Korba (C.G.)

VERSUS

Patilal Khairwar, son of Ramlal :- 1.

w RESPONDENTS / NON-APPLICANTS Khairwar, resident of Salihabhata, O.P.

Urga, District Korba (C.G.) (DRIVER) 2.

Shri Subhash Agrawal, son of Shri J.Pt Owner Agrawal, Stone Crushing Company, Office at Near Cholamandalam Office, p T.P.

Nagar Korba, Tahsil and District Korba (C.G.)

4....Q,_ bfqx 3.

Orientgl 1nsurance Company Limited, /through Divisional Manager, Divisional Office at Geetanjali Bhawan, Main Road Insurer Korba, Tehsil and District Korba (C.G.) MISC APPEAL UNDER SECTION 173 OF THE MOTOR a9"

WS ACT, 1988, VALUED AT RS.

24,86,0001;

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 Misc. Appeal (C) No.

Smt. Santoshi Thakur and Others ---- Appellants (Claimants)

Versus

Patilal Khairwar & Others -- Respondents For Appellants - Shri Amiyakant Tiwari, Advocate.

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

ORDER

(Passed on 11'" February, 2017) 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.3,00,000/- by way of compensation in addition to the amount awarded by the Learned Tribunal to the appellants within 6O days from today without any interest.

The apportionment of the enhanced amount shall be ratably distributed according to the award. 2.

It is further observed that appellants No.5 to 7 are minor, therefore the amount of compensation falling in their share shall be kept in the form of fixed deposit in the nationalized bank which would be renewable and would be payable on attaining the age of majority.

x V Sd/- Sd/.

l W.V.S. Murthy) (R.C.S. §a'n1ahJt) Judge -Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Nimmi