Disposed

Smt. Kavita Banjare And Ors. v. Paramjeet Singh And Ors.

Chhattisgarh HC11 Feb 2017MAC/518/2015

Case brief

AI extract

What is this about?

The High Court at Bilaspur, in a National Lok Adalat matter, upheld an amicable settlement between motor accident claimants and respondents. The court accepted a compromise requiring the respondent insurer to pay an additional Rs. 70,000 as compensation, with specific directions for disbursement and interest.

What did the court decide?

Respondent insurance company directed to pay appellants additional Rs. 70,000 as compensation within 60 days, otherwise interest at 6% per annum applies; 50% amount kept in fixed deposit for minors.

Smt. Kavita Banjare And Ors. Vs Paramjeet Singh… — Motor Accident Claims | Chhattisgarh HC (2017)

¶1

«s£&->
ffa^.~'S ^^
»"i

¶2

BEFORE THE HIGH COURT OF CHHATTISGARH AT BILASPUR

¶3

MISC.APPEAL (C) N0.

¶4

^1% / 2015

¶5

APPELLANTS 1) CLAIMANTS

^o-v .p--v,\y<'
-^y'

Smt. Kavita Banjare W/o Late Manharanlal, Aged about 26 years Ku.Liliina Banjare D/o Late Manharan Lal, Aged about 8 years Subesh Banjare S/o Late Manharan Lal, Aged about 6 years Ku. Diksha Banjare, D/o Late Manharan Lal, Aged about 4 years Kesh Lal Banjare S/o Late Anand Ram Banjare, Aged about 52 years Smt. Channa Banjare W/o Kesh Lal Banjare, Aged about 50 years Appellant No.2, 3 & 4 are minors Through natural guardian mother Smt. Kavita Banjare W/o Late Manharan Lal, Aged about 26 years All R/o Village Dabha, Post 8s P.S. Kumhari, Tahsil - Damdha, District - Durg-(C.G.)

VERSUS

RESPONDENTS 1)

Paramjeet Singh S/o Suchit Singh, R/o Kosanala, Bhilai, P.S.^- Supcla, Tah& Distt - Durg-(C.G.)...Driver Vinod Bandhe S/o ©.R.Bandhe,R/Q Jai Bajrang, Transport Company, Kalibadi Complex, G.E.Road Tahsil & District - Rajnandgaon-(C.G.) ^ Present address - Jai Bajran^ Transport Corapany, Through; : Heavy Transport Company, Transport Nagar, Hathkhoj, Bhilai, TahfiE Distt - Durg-(C.G.)..Owner United India Insurance Company Ltd., Through - Branch Manager, Infront of Chauhan Auto, Paras Complex, Durg, Tah SE Distt - Durg(C.G.) ....Insurer

¶15

•Insurer Claim before the Tribunal Rs.35,24,000/. Claim awarded by Tribunal Rs.09,70,000/. Claim in appeal valued at Rs.25,54,000/^ Court fees affixed Rs. 15/-

¶16

APPEAL UNDER SECTI&N 173 OF THE MOTOR VEHICLES ACT

¶17

NATIONAL LOK ADALAT

¶18

Chhattisgarh High Court Campus. Bilaspur

¶19

IVIA(C)No.518of 2015

¶20

APPELLANT(S)

¶21

:- Smt. Kavita Banjare & Ors

¶22

VERSUS

¶23

RESPONDENT

¶24

:- Paramjeet Singh & Ors.

¶25

Appellant(s) with

¶26

:- Shri P.R. Patankar, Advocate

¶27

Respondent(s) with

¶28

:- Shri H.B. Agrawal Sr. Advocate with

¶29

Shri Pankaj Agrawal, Advocate

¶30

AWARD

¶31

(Passed on 11 th February, 2017)

¶32

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 terms and conditions of compromise/ settlement, arrived at between the contesting parties are just, proper and legal and hence are acceptable, we accordingly accept-thifeeompromise/settlement, proposed by the parties and order that the respondentf Insurance Company shall pay to the appellant(s) an additional sum of Rs. 70,000 /-(Rupees seventy thousands) by.way of compensation, within 60 days from today otherwise, interest @ 6% per annum from the date offiling of the claim petitionshall also be payable till realizationof the additional amount of compensation. 50% of the enhanced amount sh'all-ibe kept in fixed deposit in a nationalized bank for a period of one year and rest ofthe lount shall be paid to the appellants as per norms ofthe Claims Tribunal. Shares of minor appellants, if any shall be kept in fixed deposit in a nationalized bank till their attaining the majority.

¶33

A copy of the docket (compromise arrived at between the parties) be sent to the Claims Tribunal along with its record, if any and a copy of the award passed today, forthwith.

¶34

'vyss^y%i ^'
'w^^
s "^^
1 -r^ \ h . f.T'^^ ^^:?^: ^SSa Sd/-
tss/. /<ffff
^'as \w*'3s'/'^'ff (AnilKuritar ShuRla)
^^C^S^" '8^r,^a=>-^'' ^^',,4
Judge- LokAdalat

¶35

High Court of Chhattisgarh

¶36

Bilaspur

¶37

Sd/(Dr. N. K. Shukla)

¶38

Member-LokAdalat hligh Court of Chhattisgarh Bilaspur

¶39

IJ'^-1

Smt. Kavita Banjare And Ors. v. Paramjeet Singh And Ors.

Case brief

What is this about?

What did the court decide?

Smt. Kavita Banjare And Ors. v. Paramjeet Singh 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

Case details

Similar cases

Umar Lal Gupta Vs State of Chhattisgarh

Daneshwar Prasad Vs Dharamlaldead Through Lrs. Ramcharan

Hiran Vs State of Chhattisgarh and Ors.

Tarun Patel Vs Sanjay Karmakar And Ors.

Shishupal Ratade Vs Balkishan Sahu

Smt. Vidya Soni Vs Ramesh Kumar Sahu And Ors.