Madhya Pradesh High Court
Smt. Mamta vs Harisinghbhai on 12 November, 2022
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE LOK ADALAT
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
&
PIYUSH SHRIVASTAVA
ON THE 12th OF NOVEMBER, 2022
MISC. APPEAL No. 3719 of 2018
BETWEEN:-
1. SMT. MAMTA W/O NAGIN KANIYAVAN, AGED
ABOUT 26 YEARS, OCCUPATION: HOUSE WIFE
SOCIETY BANGLA LIMDI FALIYA, TEHSIL AND
DISTT. DAHOD (GUJARAT)
2. MINOR RADHIKA THROUGH NATURAL
GUARDIAN MOTHER SMT. MAMTA D/O NAGIN
KANIYAVAN, AGED ABOUT 5 YEARS, R/O
SOCIETY BANGLA LIMDI FALIYA, TEHSIL AND
DISTT. DAHOD(GUJARAT)
3. MASTER DEEPAK MINOR THROUGH NATURAL
GUARDIAN MOTHER SMT. MAMTA S/O NAGIN
KANIYAVAN, AGED ABOUT 3 YEARS, R/O
SOCIETY BANGLA LIMDI FALIYA, TEHSIL AND
DISTT. DAHOD(GUJARAT)
4. MASTER RAJVEER MINOR THROUGH
NATURAL GUARDIAN MOTHER SMT. MAMTA
S/O NAGIN KANIYAVAN, AGED ABOUT 1 YEARS,
R/O SOCIETY BANGLA LIMDI FALIYA, TEHSIL
AND DISTT. DAHOD(GUJARAT)
5. RANCHOD S/O MANGLA KANIYAVAN, AGED
ABOUT 50 YEARS, OCCUPATION: FARMER R/O
SOCIETY BANGLA LIMDI FALIYA, TEHSIL AND
DISTT. DAHOD(GUJARAT)
6. SMT. MARIYAM W/O RANCHOD KANIYAVAN,
AGED ABOUT 45 YEARS, OCCUPATION:
HOUSEWIFE R/O SOCIETY BANGLA LIMDI
FALIYA, TEHSIL AND DISTT. DAHOD(GUJARAT)
.....PETITIONER
(SHRI YOGESH KUMAR MITTAL, LEARNED COUNSEL FOR THE
PETITIONERS)
Signature Not Verified
Signed by: PREETHA NAIR
Signing time: 12-11-2022
18:23:39
2
AND
1. HARISINGHBHAI S/O RESINGHBHAI RATHVA,
AGED ABOUT 28 YEARS, OCCUPATION:
AGRICULTURE 321, GAMTAL BARA TEH.
DEVGARH BARIYA DIST DAHOD(GUJARAT)
2. RAJSINGH BHAI S/O ROMAL BHAI RATHGVA,
AGED ABOUT 56 YEARS, OCCUPATION:
AGRICULTURIST R/O 321, GATMAL, BARA,
TEHSIL - DEVGARH BARIYA, DIST
DAHOD(GUJARAT)
3. RELIANCE GENERAL INSURANCE COMPANY
LIM ITED ADD. - 169 RNT MARG, INDORE,
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI MONESH JINDAL, LEARNED COUNSEL FOR THE RESPONDENT NO.3) .
This appeal coming on for conciliation this day, the Bench passed the following:
A W A R D This appeal is filed by the claimant/(s) seeking enhancement of compensation awarded by 2nd Additional Member, Motor Accident Claims Tribunal, Jhabua(M.P.) in Claim Case No.19/2017 decided on 03/04/2018. Today appeal is listed before Permanent & Continuous/ National Lok Adalat under Section 20 of the Legal Services Authorities Act, 1987 for settlement between the parties.
(2) After discussion and hearing Counsel appearing for both parties and after perusing the relevant record, we are of the opinion that the compensation awarded by the Claims Tribunal is on lower side and deserves to be enhanced by Rs.4,60,000/- (Rupees four lakhs sixty thousand Only). we, therefore, suggest the parties 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 duly 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 No.3 - Reliance General Insurance Company Ltd. shall pay a Signature Not Verified Signed by: PREETHA NAIR Signing time: 12-11-2022 18:23:39 3 sum of Rs.4,60,000/- (Rupees four lakhs sixty thousand only) in addition to the amount already awarded by the Claims Tribunal as full and final satisfaction of the claim made by the appellant(s) in this appeal.
(b) That Respondent No.3 - Reliance General Insurance Company Ltd. shall deposit the above 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 in view of direction given by the Court fees, if any It is agreed between the parties that if Court fees is paid by the Division Bench of this Court in the case of Ramesh Chandra vs. State of M.P. reported in ILR 2012 M.P. 320.
(e) This appeal is finally disposed of.
(f) Parties to bear their own costs.
(g). The copy of the application filed by the parties be kept in the record of this appeal.
(4) Copy of the award be given to both the parties free of charges.
(JUSTICE RAJENDRA KUMAR (VERMA)) (PIYUSH SHRIVASTAVA) MEMBER MEMBER pn Signature Not Verified Signed by: PREETHA NAIR Signing time: 12-11-2022 18:23:39