Madhya Pradesh High Court
Smt. Salita vs M/S Transcon Fret Carrier System Pvt. ... on 25 June, 2016
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
PERMANENT & CONTINUOUS/NATIONAL LOK ADALAT
Miscellaneous Appeal No.388/2016
Smt. Pinky w/o Late Manish and others.
V/s
Sunil Kumar and others.
*****
Appellant(s) by Shri Sammer Verma, Advocate.
Respondent No.3/ Insurance Company by Shri S.V.Dandwate, Advocate.
***** A W A R D (Passed on 25th June, 2016) This appeal by the claimant/(s) has been filed for enhancement of compensation awarded by III Additional Motor Accident Claims Tribunal, Indore in Claim Case No.245/2015 decided on 05.10.2015 and has been placed today in this Permanent & Continuous/ National Lok Adalat under Section 20 of the Legal Services Authorities Act, 1987.
(2) The matter was discussed. After hearing Counsel appearing for both parties and after perusing the relevant record, we felt that the compensation awarded by the Claims Tribunal is on lower side and deserves to be enhanced by Rs. 1,35,000/- (Rs. One Lakh Thirty Five Thousand only). We, therefore, suggested that the matter may be settled on these lines.
(3) Accepting our suggestion, the parties have entered into a settlement and have filed an application for recording the same. The application is signed by the representatives of the parties. The compromise between the parties is verified. It is just, valid and lawful. It is, therefore, ordered to be recorded. Accordingly, an award is passed in the following terms:-
(a) That Respondent-Insurance Company shall pay a sum of Rs.
1,35,000/- (Rs. One Lakh Thirty Five Thousand only) in addition to the amount already awarded by the Claims Tribunal in full and final satisfaction of the claim made by the appellant(s) in this appeal.
(b) That Respondent-Insurance Company shall deposit the said amount in the Claims Tribunal for payment to the appellant(s) within a period of three months from today, failing which this additional amount shall be recoverable with interest calculated at the rate of 9% per annum from the date of this award.
(c) On deposit being made, Claims Tribunal shall permit appellant/(s) to withdraw the same.
(d) Since the matter has been settled between the parties in this National Lok Adalat, the Court fees, if any, paid by the claimant(s) be refunded on issuing certificate by the Registry.
(e) Parties to bear their own costs.
(4) Copy of the award be given to both the parties free of charges.
(VED PRAKASH SHARMA) (VIVEK SHARAN)
MEMBER MEMBER
Jyoti