The National Lok Adalat settled a motor accident compensation dispute between the appellants (claimants) and respondents (driver, owner, insurer) through a voluntary compromise agreement.
Respondent/Insurer to pay additional Rs. 80,000 compensation within 60 days with interest; 50% in fixed deposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE HIGH COURT OF CHHATTISGARH AT BILASPUR
MISC.APPEAL C NO. 563 2015
APPELLANTS :1. Shishupal Ratade S/o Maglu (CLAIMANT » Ratade (Died), Through LR’s Smt. Samarinbai Ratade W/o Late Shishupal Ratade, Aged about 47 years 1b. Kishore Kumar Rathde S/o Late ’Shishupal Rathde, Aged about 28 years 1c‘ Anil Kumar Ratade S/o Late a”‘2 Shishupal Ratade, Aged about 25 years 1d. Ajay Kumar Ratade S/o Late {e Shishupal Ratade, Aged about 23 / years A11 R/o Devri, Tahsil— Dondilohara, District — Balod-(C.G.) Presently / residing at New PoliCe Line, Durg, P.S. — Durg, Tahsil 8s District — Durg—(C.G.) VERSUS RESPONDENTS 1 Balkishan Sahu S/ o Laxman Ram Sahu, R/o Nayapara, Balod, Tahsil / 86 District—Balod-(C._G.)——Driver 2/" Dhirendra Kumar Singh S/ o / Rajmohan Singh, R/o Kevtapara, Malariya Office Road, Jagdalpur, Tahsil 85 District— JagdalpurBastar (C.G.)-—Owner 3. The New India Insurance Company v Ltd., Through : Branch Manager, Address v Station Road, Parakh Complex, Near Ujala Bhawan,Durg, Tahsil and District — Durg—(C.G.) ..... .Insurer Claim before theTribunal Rs. 10,‘OO,OOO,K/¢;’/ aw Claim awarded byTribunal Rs. 02,69,800/w Claim in appeal valuedat Rs. 7,30,2oo}»—eme” Court fees affixed Rs. 15/-M APPEAL UNDER SECTION173OFTHEMOTORVEHICLESACT]
/"”(we
NATIONAL LOK ADALAT Chhattisgarh High Court Campus; Bijaspur
MA(C) No. 1563 of 2015
APPELLANT(S)
:- Shishu‘alp R‘atade & others
VERSUS
RESPONDENT :— Balkishan Sahu & others
Appellant(s) with
:- Shri P.R. Patankar, Advocate
Respondent(s) with :— Shri Qamrul Aziz, Advoatec
AWARD (Passedon11 th February, 2017)
m
The costingnte pariest to th is appeal h ave amicably settlecompmisedd/ro the dispute, which is subjtec matter of this apeal,p voiuntarily. We have also found that terms and conditions of coromise/mp settlement, arrived at between the contesting parties are ju s’t, proper a nd legal and hence are acceptable, we accordingyl accept the copromise/settlement,m proposed by the partiesandorder that the respondent/ insurance C ompany shlla pay to the appellant(s) an additional sum of Rs. 80,000I-(upeesR eighty thousands) by way of compensation, within 60 days frmo today othenlvise, interes t @6% perannum fro m the date of filing of the claim petition shall als o be payable till realization of the additional amount of copensation.m 50% of the enhanced amount shall be kept in fixed deposit in a nationalized bank for a period of one year and restofthe amount shall be paid to the appellant as pernormsoftheClaimsTribunal. A copy of the docket (compromise arrived at between the parties)besent to the Claims Tribunal along withits record, if any and a copy of the award passed
toda y,forthwith. s
Sd/-
(AnilKumarwd’a) Judge— Lok Adalat
High Court of Chhattisgarh
Bilaspur
" Sd/ ,wV, c (Dr.N.K.Shukla) Member—Lok Adalat
High Court of Chhattisgarh Biiaspur
Shishupal Ratade & others
Balkishan Sahu & others
Anil Kumar Dua
Dr. N.K. Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
