The Lok Adalat recorded a compromise between motor accident claimants and respondents including the insurance company, awarding an additional Rs. 5,00,000 compensation to be paid within two months.
Ordered payment of additional compensation of Rs. 5,00,000 by insurance company within 2 months with 6% p.a. interest for delay.
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.
1
LOK ADALAT
CHHATTISGARH HIGH COURT CAMPUS, BILASPUR
MAC No. 88 of 2020
Appellants 2 to 4 are Minor Through Natural Guardian Appellant No. 1 Mother,
All are R/o Village Kankalin (Patechuva) Post Pound, Tahsil Gurur, District Balod Chhattisgarh. (Claimants)
---- Petitioner
Versus
---- Respondent
Appellants with / by Shri PR Patankar, Advocate
Respondent with / by Shri Deepak Gupta, Advocate
AWARD
(Passed on 13.8.2022)
2
Parties file a compromise petition. The terms are just. We hereby record the compromise and pass an award in terms of compromise, and order that respondent Insurance Company shall pay to appellant/s a sum of Rs.5,00,000/- in words (Rupees Five Lakhs Only) by way of compensation in addition to the amount already paid/awarded by the Claims Tribunal within a period of 2 months from today, failing which interest @ 6% per annum shall be payable on the additional amount from today, till the date of realization. The order of apportionment, if any, made by the Tribunal will be followed by the parties. The copy of the award be sent to the Claims Tribunal along with the record.
It is further directed that out of enhanced amount of compensation, 50% amount shall be released to the claimant/appellant(s) except the minor through transfer of funds in their respective bank accounts. The remaining conditions of the Award passed by the Tribunal shall remain intact.
Sd/- Sd/-
( Deepak Kumar Tiwari ) ( Ashish Shrivastava ) Judge – Lok Adalat Member – Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur
1 issue framed by the court
Fixing the quantum of additional compensation payable under a compromise in a motor insurance claim.
Chameli Bai W/o Late Mukesh Kumar Salam
Minor Ku. Kumkum D/o Late Mukesh Kumar Salam
Minor Ku. Priyanka D/o Late Mukesh Kumar Salam
Minor Lokesh Kumar S/o Late Mukesh Kumar Salam
Purushottam Sinha S/o Manoj Sinha
The Oriental Insurance Co. Ltd.
Deepak Kumar Tiwari
Ashish Shrivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
