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High Court Of ChhattisgarhMAC/753/2016disposed off

Smt. Urvashi Gupta v. Farmat Husain

2018-02-10Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Mr. Justice Ram Prasanna Sharma, Member - Lok Adalat : Mr. Y.C. Sharma, Advocate Misc. Appeal (C) No.753 of 2016 • Smt. Urvashi Gupta W/o Jaiprakash Gupta, Aged About 28 Years Occupation House Wife, R/o In Front Of Nagar Panchayat Office Ward No.

Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh..........Claimant ---- Appellant

Versus

1. Farmat Husain S/o Gulsher Mohammad, Aged About 40 Years Occupation Driver, R/o Village Umerora P. S. Jethwar District Pratapgarh Uttar Pradesh.......Driver

2. Manoj Kumar Singh, S/o Deenanath Singh, Aged About 45 Years Occupation Owner Of Truck No. C G 13 L/1144 R/o Patarapala Transport Nagar Raigarh, District Raigarh Chhattisgarh.......Owner

3. Branch Manager, Chola Mandalam M. S. General Insurance Company Limited, 1st Flour Hinduja Complex, 22 Paras Nagar Chowk Near Railway Crossing Devendra Nagar Raipur, Chhattisgarh

4. Maigma H. D. I. General Insurance Company Ltd. Maigma House 24 Parksheet Kolkata 700016 Through Magma Finance Company Ltd. Manendragarh Road Ambikapur District Surguja Chhattisgarh Insurer Scorpio Vehicle No. U. P. 64m/1655 ---- Respondents -------------------------------------------------------------------------------------------------------- For Appellant :

Shri AN Pandey, Advocate For Respondent No.3 :

Shri Sachin Singh Rajput, Advocate -------------------------------------------------------------------------------------------------------- AWARD (Passed on 10.02.2018) The contesting parties to this appeal have amicably settled/compromised the dispute which is subject matter of the 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.1,00,000/- (Rupees

-2One lakh only) to the appellant/claimant Smt. Urvashi Gupta by way of compensation in addition to the amount awarded by the learned Tribunal, within 60 days from today, otherwise interest @ 6% per annum from today shall also be payable till its realization of the additional amount of compensation.

2.

It is directed that the amount of Rs. 1,00,000/- will be transferred to the account of Smt. Urvashi Gupta through transfer of fund from the Tribunal.

3.

A copy of the docket (compromise arrived at between the parties) be sent to the Claims Tribunal along with its record, if any, and a copy of the award passed today, forthwith.

Sd/- Sd/- (RP Sharma) (YC Sharma) Judge - Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Bini