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High Court Of ChhattisgarhMAC/444/2016disposed off

Smt. Jaina Bai v. Kuleshwer Dhruw

2020-07-11Hon'Ble Shri Justice Goutam Bhaduri2 pages

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. 444 of 2016

1. Smt. Jaina Bai W/o Shankar Lal Sahu, Aged About 38 Years

2. Shankar Lal Sahu S/o Dasharath Sahu, Aged About 42 Years Both are Cast Sahu R/o Village- Achhota Tahsil And Distt. Dhamtari, Chhattisgarh ...............Claimants ---- Appellants

Versus

1. Kuleshwer Dhruw S/o Nohar Dhruw, Aged About 35 Years Cast- Gond, R/o Village Doma Thana Bhkhara Distt. Dhamtari, Chhattisgarh (Owner Cum Driver Of Offending Vehicle Motor Cycle No. C.G.05-N/9001)

2. Manager, The National Insurance Company Limited Raipur (Insurer Of Offending Vehicle Motor Cycle No. C.G.05-N/9001) Policy No. 28510031146265004909 Period Of 18/10/2014 To 17/10/2015 ---- Respondents ----------------------------------------------------------------------------------------------------------------------- For Appellants - Shri A.L. Singroul, Advocate.

For respondents No.2 - Shri Anil Gulati, Advocate. -----------------------------------------------------------------------------------------------------------------------

ORDER

(Passed on 11th July, 2020) The appellants are identified by Shri A.L. Singroul, Advocate. Shri Anil Gulati, counsel for insurance company and Shri 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 insurance company shall pay Rs.5,50,000/- (Rs.five lakhs fifty thousand only) 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 gouri