Babita & ORS v. Dilbag & ORS

Daily Lok Adalat Bench No.3 FAO No.2021 of 2012 1.Smt. Babita, aged 32 years, W/o late Raj Kumar. 2.Jyoti @ Rajwanti minor daughter, aged 13 years. 3.Ajay @ Amit Minor Son, aged 11 years.

4.Aarti minor daughter aged 9 years of Sh. Raj Kumar, Minors through their mother an dnatural guardian Smt. Babita, All residents of Village Bhatla, Tehsil Hansi, District Hisar.

Vs.

1.Dilbag S/o Ram Sarup, R/o Village Singhva Raghav, Tehsil Hansi, District Hisar. (Driver of offending Bus bearing registration No.HR-394/4421).

2.Green Haryana Transport Society, Hisar through its President (Owner of offending Bus bearing registration No.HR-394/4421).

3.National Insurance Company Limited, Red Square Market, Hisar, through its Divisional Manager with whom the offending Bus bearing registration No.HR-394/4421 was insured at the time of accident vide policy No.420304/31/10/630003210.

***

Present:

Mr. Vijay Singh Kajla, Advocate for appellants. Mr. Suvir Dewan, Advocate and Mr. Harsh Aggarwal, Advocate with Mr. R.K. Wali, Manager and Mr. Sunil Singh, Admn. Officer, National Insurance Company Ltd.

*** As agreed, as per statements of learned counsel for the appellants as well as counsel for the Insurance Company, separately recorded, a sum of Rs.2,50,000/- over and above the amount awarded by the Tribunal is allowed to the appellants in full and final settlement of the claim. Two months' time is allowed to the Insurance Company to deposit the amount with the MACT, Hisar, failing which, interest at the rate of 9% per annum shall follow on this amount till payment from the date of this order. The enhanced amount would be paid to appellant No.1 through cheque or be deposited in her Bank Account.

FAO No.2021 of 2012

The appeal is disposed of accordingly.

Copy of this order be supplied/sent to the counsel/parties.

(G.C. GARG) PRESIDENT (N.K. KAPOOR) MEMBER April 06, 2015 naina