Smt. Nammi Bai Vs Ritesh Kumar Pawar — Chhattisgarh HC (2024) — LawSathi Research

Smt. Nammi Bai Vs Ritesh Kumar Pawar — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of by accepted compromise: respondent No.2 (Chola Mandalam M.S General Insurance Company Ltd.) to pay Rs. 2,50,000/- as additional compensation to the claimants/appellants over and above the Tribunal award within 60 days, failing which interest @ 6% per annum from the date of the compromise award till realization; free copy of the award to the parties; all other terms of the Tribunal order to remain unchanged.

Issue for consideration

Whether the terms and conditions of the compromise/settlement arrived at between the contesting parties are just, proper and legal, and whether the Lok Adalat should accept the compromise.

Ratio / Principle

The terms and conditions of the compromise/settlement between the contesting parties were found to be just, proper and legal, there being no legal impediment, and the compromise/settlement was accordingly accepted.

Key takeaways

Respondent No.2 (Chola Mandalam M.S General Insurance Company Ltd.) was ordered to pay Rs. 2,50,000/- to the claimants/appellants by way of compensation in addition to the amount awarded by the learned Tribunal, within 60 days from receipt of the order.ratio¶22
If the additional compensation is not paid within the stipulated time, interest @ 6% per annum from the date of passing of the compromise award shall also be payable till its realization.ratio¶22

Detailed headnote1 paragraphs

National Lok Adalat, High Court of Chhattisgarh, Bilaspur (award dated 09-03-2024): In MAC No. 338 of 2022, raised by the widow and children (including three minors through their mother) of Late Jairam Singh of District Korba against Ritesh Kumar Pawar (respondent No.1) and Divisional Manager, Chola Mndalam M.S. General Insurance Company Limited (respondent No.2), the contesting parties amicably and voluntarily settled/compromised the dispute. The Lok Adalat bench (Arvind Kumar Verma, Judge-Lok Adalat, and Ashish Shrivastava, Senior Advocate, Member-Lok Adalat) found the terms of the compromise just, proper and legal, observed no legal impediment, and accepted the settlement. The insurer (respondent No.2) was directed to pay Rs. 2,50,000/- (Two Lakh Fifty Thousand only) to the claimants/appellants as compensation in addition to the amount already awarded by the learned Tribunal, within 60 days of receipt of the order, failing which interest @ 6% per annum from the date of the compromise award is payable till realization. A free copy of the award is to be given to the parties immediately, and all other terms and conditions of the Tribunal's order remain unchanged.

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

NATIONAL LOK ADALAT

Judge- Lok Adalat : Hon’ble Mr. Arvind Kumar Verma Member - Lok Adalat : Mr. Ashish Shrivastava, Senior Advocate

MAC No. 338 of 2022

Smt. Nammi Bai W/o Late Jairam Singh Aged About 44 Years R/o Village - Panchayat Lepara Gursiya, Thana- Bango, District- Korba (C.G.)

Ku. Rajkumari D/o Late Jairam Singh Aged About 22 Years R/o Village - Panchayat Lepara Gursiya, Thana- Bango, District- Korba (C.G.)

Ku. Vishvamohani D/o Late Jairam Singh Aged About 20 Years R/o Village - Panchayat Lepara Gursiya, Thana- Bango, District- Korba (C.G.)

Jyoti Bhushan S/o Late Jairam Singh Aged About 18 Years R/o Village - Panchayat Lepara Gursiya, Thana- Bango, District- Korba (C.G.)

Minor Mithila Kumari D/o Late Jairam Singh Aged About 15 Years Minor Through Legal Guardian Mother Smt. Nammi Bai W/o Late Jairam Singh Aged About 44 Years. R/o Village - Panchayat Lepara Gursiya, Thana- Bango, District- Korba (C.G.)

Minor Gourav Kumar S/o Late Jairam Singh Aged About 12 Years Minor Through Legal Guardian Mother Smt. Nammi Bai W/o Late Jairam Singh Aged About 44 Years. R/o Village - Panchayat Lepara Gursiya, Thana- Bango, District- Korba (C.G.)

Minor Aruns Kumar S/o Late Jairam Singh Aged About 10 Years Minor Through Legal Guardian Mother Smt. Nammi Bai W/o Late Jairam Singh Aged About 44 Years. R/o Village - Panchayat Lepara Gursiya, Thana- Bango, District- Korba (C.G.)

---- Appellants

Versus

Ritesh Kumar Pawar S/o Devi Singh Pawar Aged About 29 Years R/o Camp No.1 Pragati Nagar Bhilai ThanaChhawani, District- Durg (C.G.)

Divisional Manager, Chola Mndalam M.S. General Insurance Company Limited, Vinayak Netralay Byapar Vihar Bilaspur

District - Bilaspur (C.G.)

---- Respondents

For Appellants : None For Respondent No. 2 : Mr. Nilesh Kumar Thakur, Advocate

Order

(Passed on 09^th March 2024)

The contesting parties to this appeal have amicably and voluntarily settled/compromised the dispute, which is subject matter of this appeal. We have also found that the terms and conditions of compromise/settlement arrived at between the contesting parties are just, proper and legal. There is no legal impediment to the said compromise and hence it is acceptable. We accordingly accept the compromise/settlement, proposed by the parties and order that the respondent No.2/Chola Mandalam M.S General Insurance Company Ltd. shall pay Rs. 2,50,000/- (Two Lakh fifty Thousand only) to the claimants/appellants by way of compensation in addition to the amount awarded by the learned Tribunal within 60 days from the date of receipt of the order. In case the amount is not paid within stipulated time then the interest @ 6% per annum from the date of passing of this compromise award shall also be payable till its realization.

Copy of this award should be provided free of cost to the parties immediately. All other terms and conditions, if any, shall remain same as per the order passed by the Tribunal.

Sd/- Sd/Sd/Sd/(Arvind Kumar Verma) (Ashish Shrivastava) Judge -Lok Adalat Member – Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur

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