Allowed

Smt. Anarkali Paikara and Ors. v. Dohai Lal and Ors.

Chhattisgarh HC12 Nov 2016MAC/1174/2014

Case brief

AI extract

What is this about?

In this appeal mediated under the Chhattisgarh High Court Lok Adalat, the parties amicably compromised the motor accident dispute. The Court accepted the settlement, directing the insurer to pay an amount of Rs. 50,00,000 in addition to the previous award within 60 days. Money for minor appellants was ordered to be kept in a fixed deposit.

What did the court decide?

Respondent/insurance company to pay Rs. 50,00,000 plus interest within 60 days as per compromise; minor's share in fixed deposit.

Smt. Anarkali Paikara and Ors. Vs Dohai Lal and… — Motor Accident Claims | Chhattisgarh HC (2016)

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IN THE HON'BLE HIGH COURT~OF CHHAmSGARH AT BILASPUR

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M,A.(a N0. i^y4oF2014

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APPELLANTS: 1) Smt. Anarkali Paikara, widow of Late Rajesh 'Paraha, aged about 28 years, occupation Housewife; y ^ / 2) Akash Paikara, son of Late Rajesh Paraha, " aged about 8 years, occupation Student; ^^ .-•m^vy 3) Ku. Tanushree Paikara, daughter of Late ^ ^~/v^"^/ '/^^ - Rajesh Paraha, aged about 06 years; 4) Vidyadhar Paikara, son of Sumritsai Paikara, ..•' sr ^-" aged about 60 years; ^ f .^" fa ^." . : 5) Smt. Sulochini Paikara, wife of Vidyadhar s 1» Paikara, aged about occupation

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Smt. Anarkali Paikara, widow of Late Rajesh 'Paraha, aged about 28 years, occupation Housewife;

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Smt. Sulochini Paikara, wife of Vidyadhar Paikara, aged about 56 years, occupation Housewife;

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Appellant No.2 8s 3 are minor, through their natural guardian 8s mother/ appellant No.l Smt. Anarkali Paikara;

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All are residents of village Bagbahar, Tahsil Patthalgaon, District Jashpur; present residence village Amatoli, polce station $E Tahsil Sitapur, District Surguja (Chhattisgarh)

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VERSUS

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RESPONDENTS: 1) Dohai Lal, son of Ram Singh, aged about 36 caste Sarthi, occupation Driver, years, resident of Bhajandipa, Raigarh, District Raigarh (Chhattisgarh) Driver of the Vehicle 2) Gurucharan Singh Bhatiya, son of Late Kuldeep Singh Bhatiya, resident of village Patthalgaon, post office 85 police station Patthalgaon, District Jashpur (Chhattisgarh) ..... Owner of the Vehicle 3) The Branch Manager, The New India Insurance Company Limited, Transport Nagar, Korba, District Korba (Chhattisgarh) Insurer of Vehicle MEMORAND_LJM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988

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CHHATTISGARH HIGH COURT. BILASPUR NATIONAL LOK ADALAT

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Judge - LokAdalat: Hon'ble Mr. Justice Goutam Bhaduri Member - LokAdalat: Mr. Y.C. Sharma, Advocate

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M.A.(C) No. 1174 of 2014

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Smt. Anarkali Paikara & Ors.

Appellants

Versus

Dohai Lal & Ors.

——Respondents

ForAppellants

For Respondent/lnsurance Co.

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Mr. V.K. Pandey, Advocate.

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Mr. Anand Kumar Gupta, Advocate.

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ORDER

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(Passed on 12th November, 2016)

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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 .^'•:~^~y<:^, ^''&Sl.r'fc-^aftiies are just, proper and legal. There is no legal impediment to compromise and i"Sf "Sis. ^rr6etare acceptable. We accordingly accept the compromise/settlement, proposed '^ f \ @iyby atfe parties and- order that the respondent/insurance ~ company shall pay ^•'%X 'ysi'^S:/i _. .._. ^!^'-'••'^cm ''^is&%,00,000/- by way of compensation in addition to the amount awarded by the r^^>" 'learned Tribunal to the appellants within 60 days from today, otherwise interest @ 12% per annum from the date of filing of the claim petition, shall also be payable till its realization. ;

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It is further observed that the amount enhanced shall be ratably disiributed as per^the percentage^{ofshareoftheoriginalawardamongthebeneficiariesand-the} compensation amount with respect to the minor appellants namely Akash Paikara & Ku. Tanushree Paikara shall be kept in the form of Fixed Deposit in any Nationalized Bank, which would be renewable and would be payable on attaining the age of majority. ,._____^:-.=--.

,._____^:-.=--.

Sd/- ~"\

Sd/-

Goutam Bhaduri Judge

(Y.C.Sharma; Member-LokAdalat High Court of Chhattisgarh Bilaspur

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Judge-LokAdalat High Court of Chhattisgarh Bilaspur

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goLiri

Smt. Anarkali Paikara and Ors. v. Dohai Lal and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Anarkali Paikara and Ors. v. Dohai Lal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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