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High Court Of ChhattisgarhMAC/1511/2019disposed off

Suman Lal Sahu@ Daulal Sahu v. Ranjan Prasad Yadav

2020-07-11Hon'Ble Shri Justice Gautam Chourdiya2 pages

CHHATTISGARH HIGH COURT, BILASPUR E- LOK ADALAT (Arising out of award dated 13.05.2019 passed by 5 th Additional Motor Accident Claims Tribunal, Bilaspur, C.G. in claim case No. 462/2018) Judge - Lok Adalat : Hon'ble Shri Justice Gautam Chourdiya Member - Lok Adalat : Shri Rajeev Shrivastava, Advocate Misc. Appeal (C) No. 1511 of 2019

1. Suman Lal Sahu @ Daulal Sahu S/o Nankiram Sahu, aged about 50 years.

2. Amrika Bai Sahu W/o Suman Lal Sahu @ Daulal Sahu, aged about 45 years.

Both R/o Village Jaroundha, Police Station, Tahsil Takhatpur, District- Bilaspur (C.G.).

---- Appellants

Versus

1. Ranjan Prasad Yadav S/o Ganesh Prasad Yadav, aged about 33 years, R/o Pathra Tola, Pathchalhi Sughri, Police Station Govindpur, District Nawada (Bihar ) Presently residing at Capital transport, nearby Best Price, Bhanpuri, Police Station Bhanpuri, Tahsil and District- Raipur (C.G.). (Driver of offending truck bearing registration No. W.B.- 23-C-2565)

2. Mohd. Ikbal S/o Imam Baksh, R/o Mirjapur, Raipara, Post Mashila, Sankrel Howrah West Bengal 1711302 (Owner of offending truck bearing registration No. W.B.- 23-C-2565).

3. Shriram General Insurance Company Limited, through Branch Manager, branch Office-S-8 & S-9, 2nd floor C.G. Plaza Agrasen Chowk, infront of Telephone Exchange, Police Station Civil Lines, Tahsil and District- Bilaspur (C.G.).

(Insurer of offending truck bearing registration No. W.B.-23-C-2565). ---- Respondents

----------------------------------------------------------------------------------------------------------------------- For Appellants - Shri Anil Gulati, Advocate.

For Respondent No. 03/Insurance Company - Shri Sachin Singh Rajput, Advocate ----------------------------------------------------------------------------------------------------------------------- Award (Passed on 11th July, 2020)

1. 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. 2,50,000/- (two lacks fifty thousand) by way of compensation in addition to the amount awarded by the Tribunal to the appellants. In case the said amount is not paid within sixty days from today the same shall carry interest as awarded by the Tribunal till realization. 2.

2.

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

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