Rajesh Humane v. Prem Prakash Singh @ Prem Singh

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. 2243 of 2019

1. Rajesh Humane S/o Madan Humane Aged About 50 Years

2. Smt. Pushpa Humane W/o Rajesh Humane Aged About 47 Years

3. Subhash Humane S/o Rajesh Humane Aged About 20 Years All R/o Ward No. 45 Ambedakar Awasapara Imlibhatha Bandhwapara Sarkanda Bilaspur, Chhattisgarh.

---- Appellants

Versus

1. Prem Prakash Singh @ Prem Singh S/o Late Narsingh Narayan Singh Aged About 50 Years Occupation Driver R/o House No. 123/B Ward No. 15 Vishrampur, District Surajpur, Chhattisgarh. (Driver Of The Offending Vehicle Fuller Truck Tanker No.C.G.12/A.R./0636).

2. Fuller, Dealer Indian Oil Corporation Limited Katghora Road Jamanipali Darri Korba Tahsil And District Korba, Chhattisgarh. (Owner Of The Offending Vehicle Fuller Truck Tanker No.C.G.12/A.R./0636).

3. The United India Insurance Company Limited Branch Krishna Complex Jel Raod Kachehari Chowk Raipur Tahsil And District Raipur, Chhattisgarh. Through Divisional Manager, United India Insurance Company Limited, Divisional Office Gurukripa Towers 2nd Floor, In Front Of Amber Auto Mobiles Vyapar Vihar Bilaspur Tahsil And District Bilaspur, Chhattisgarh. (Insurer Of The Offending Vehicle Fuller Truck Tanker No.C.G.12/A.R./0636). Effective From Date 22/03/2017 To 21/03/2018 from Accident Date 04/12/2017. ------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. 3,15,000/- (Three Lakhs Fifteen 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