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High Court Of ChhattisgarhMAC/1850/2019disposed off

Smt. Sarita Bai Patale v. Gajendra Kumar Sahu

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 : Mr. Y.C. Sharma, Advocate M.A.(C) No. 1850 of 2019

1. Smt. Sarita Bai Patale W/o Late Udal Kumar Patale Aged About 22 Years

2. Smt. Rama Bai Patale W/o Late Ramratan Patale Aged About 56 Years Both are Residence Village Murlidih, Thana Mulmula, Tahsil Akaltara, District Janjgir Champa Chhattisgarh ---- Appellants

Versus

1. Gajendra Kumar Sahu S/o Panchram Sahu Aged About 25 Years R/o Rampur Bazzar Chowk House No. 99 Becharchuva Road-2 Tahsil Kartala, District Korba Chhattisgarh (Driver Of The Offending Car Vehicle No. C.G.12 A.N./3976)

2. Panchram Sahu S/o Ramcharan Sahu Aged About 46 Years R/o Rampur Bazar Chowk House No. 99 Beharchuva Road 2 Tahsil Kartala, District Korba Chhattisgarh (Owner Of The Offending Vehicle Car No. C.G.12 A.N./3976)

3. Branch Manager, United India Insurance Company Limited, Branch Office-2nd Floor Guru Kripa Tower Byapar Vihar Road Bilaspur In Front Of Amber Auto Mobile, Thana Tarbahar And Tahsil And District Bilaspur Chhattisgarh (Insurer Of The Offending Vehicle Car No. C.G.12 A.N./3976) ------Respondents ------------------------------------------------------------------------------------------------------------------- For Appellants - Mr. A.L.Singroul, Advocate For Respondent No.3/ - Mr. Pankaj Agrawal, Advocate Insurance Company ------------------------------------------------------------------------------------------------------------------- AWARD/ ORDER (Passed on 11th July, 2020) The Appellants are identified by Shri A.L.Singroul, Advocate for the Appellants and Shri Pankaj Agrawal, Advocate for the Insurance Company. Case is settled in the following terms.

The contesting parties to this appeal have amicably and voluntarily settled/compromised the dispute, which is subject matter of this appeal. 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 Lakh Fifty Thousand Only) by way of compensation in addition to the amount awarded by the learned Tribunal to the appellants within 60 days from date of receipt of the order, otherwise the amount of award will carry 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 Ashok