Netram Khare v. Mahendra Kumar Sahu

CHHATTISGARH HIGH COURT, BILASPUR E - LOK ADALAT Judge - Lok Adalat : Hon'ble Shri Justice Gautam Chourdiya. Member - Lok Adalat : Shri Rajeev Shrivastava, Advocate. MAC No. 65 of 2016 (Arising out of award dated 05/11/2015 passed by 6 th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 723/14) 1.

Netram Khare S/o Kanhaiya Lal Khare, aged about 41 Years R/o Quarter No. 09, Gitanjali Park, Bilaspur, Police Station Civil Line, Tahsil and District (Revenue and Civil) Bilaspur Chhattisgarh (Applicant) ---- Appellant

Versus

1.

Mahendra Kumar Sahu S/o Resham Lal Sahu, aged about 25 Years R/o Village Loharsi, Police Station Shiorinarayan, District (Revenue and Civil) Janjgir-Champa Chhattisgarh (Driver of the offending vehicle Hidra Bearing Registration No. CG04/DM/9428) 2.

Manager Juveri Engineering Company R/o 03/395, Behind Gayatri Hospital, Gitanagar, Raipur, Tahsil and District (Revenue and Civil) Raipur Chhattisgarh (Owner of the offending vehicle Hidra Bearing Registration No. CG04/DM/9428) 3.

Branch Manager, A.

H. D. F. C Agro General Insurance Company Limited, Branch Office - 3rd Floor, Chanwala Complex, Devendra Nagar Road, Sai Nagar Raipur, District (Revenue and Civil) Raipur Chhattisgarh. B.

H. D. F. C Agro General Insurance Company Limited, Branch Office - Ward No. 30, 1st Floor, Rama magneto Mall & near Itumelet Bank, Rani Laxi Nagar, Police Station - Civil Line, Tahsil & District (Revenue and Civil) - Bilaspur Chhattisgarh (Insurer of the offending vehicle Hidra bearing registration No. CG04/DM/9428) ---- Respondents For Appellant : Shri Anand Kesharwani, Advocate.

For Respondent/Insurance Company : Shri N.K. Thakur, Advocate. AWARD (Passed on 11th July, 2020) 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. 1,50,000/- (Rupees One lakh Fifty Thousand Only) by way of compensation in addition to the amount awarded by the Tribunal to the appellant within 60 days from today, failing which the Insurance Company shall be liable to pay interest @ 6% per annum from today till its payment.

2.

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

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