Madhya Pradesh High Court
Banti @ Bharat Singh Bhadoriya vs Karan Singh on 14 May, 2022
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE LOK ADALAT
HON'BLE SHRI JUSTICE ROHIT ARYA
&
SHRI R. D. JAIN , SENIOR ADVOCATE
ON THE 14th OF MAY, 2022
MISC. APPEAL No. 807 of 2020
Between:-
BANTI @ BHARAT SINGH BHADORIYA S/O SHRI
KRISHNAPAL SINGH, AGE- ABOUT 27 YEARS,
OCCUPATION-PRESENTLY NOTHING, R/O
HANUMAN NAGAR, POLICE STATION GOLA KA
MANDIR, GWALIOR
.....APPELLANT
(SHRI ANOOP TIWARI -ADVOCATE FOR THE APPELLANT)
AND
1. KARAN SINGH S/O SHRI SHANKAR SINGH
KUSHWAH, OCCUPATION- DRIVER TRUCK
NO.UP-75-M-0541, R/O-AAROI PURA, ITAWAH
(U.P.)
2. SHUBHAM PATHAK S/O SHRI RAJIV PATHAK,
OCCUPATION-OWNER TRUCK NO.UP-75-M-0541,
R/O SHASTRI SQUARE, ITAWAH (U.P.)
3. RELIANCE GENERAL INSURANCE COMPANY
LIMITED THROUGH DIVISIONAL MANAGER, FF
16 BLOCK C. MANSAROVAR COMMERCIAL
COMPLEX, NEAR HABEEBGANJ RAILWAY
STATION, HOSHANGABAD ROAD, BHOPAL.
.....RESPONDENTS
(SHRI B.K. AGARWAL -ADVOCATE FOR RESPONDENT NO.3/INSURANCE COMPANY) This appeal coming on for conciliation this day, the Bench passed the following:
AWARD 1 . This appeal by the claimant(s) has been filed for enhancement of 2 compensation awarded by IX Additional Member Motor Accident Claims Tribunal, Gwalior (M.P.) vide Award dated 01.11.2019 in Claim Case No.248/2009 and has been placed before Lok Adalat under Section 20 of Legal Services & Authorities Act, 1987.
2 . The matter was discussed. After hearing both parties and after perusing the relevant record, we are of the considered opinion that the compensation awarded by the Claims Tribunal is on lower side and deserves to be enhanced by Rs.55,000/- (Rupees Fifty Five Thousand Only). We, therefore, suggest that the matter should be settled on these terms.
3. Accepting our suggestion, the parties have entered into a settlement and have signed the docket. 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, in addition to the amount already awarded by the Claims Tribunal, respondent/Insurance Company shall pay a sum of Rs.55,000/- (Rupees Fifty Five Thousand Only) towards full and final satisfaction of the claim made by the appellant/s in this appeal.
b) That, the respondent/Insurance Company shall deposit the said amount in Claims Tribunal for payment to the appellant(s)/claimant(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) After deposit of the aforesaid amount, Claims Tribunal shall permit the appellant/s to withdraw the same.
d) Since the matter has been settled between the parties in this 3 L o k Adalat, the Court fees, if any, paid by the claimant(s) be refunded without any deduction on issuing certificate by the Registry in view of direction given by Division Bench of this Court in the case of Ramesh Chandra V/s. State of M.P. - (ILR 2012 MP 320).
e) Parties to bear their own costs.
f) Both the parties have agreed to settle the appeal in Rs.55,000/- (Rupees Fifty Five Thousand Only) in addition to the amount already awarded by the Tribunal in full and final satisfaction of the claim made by the appellants/claimant (s).
A copy of this award be given to both the parties free of charges.
(ROHIT ARYA) (R. D. JAIN)
MEMBER MEMBER
pd
PAWAN
Digitally signed by PAWAN DHARKAR
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
DHARK
st=Madhya Pradesh,
2.5.4.20=5da1b3ce5c6aee672b1f51a5cff 5661c113046ab7ebb8031c36dcac4472c0 40a, pseudonym=22FE9CB9F7CF0345E7FFAC AR 9031E38DF6A29B4C10, serialNumber=C72B9531562BC6028F5D 6E42E82477C85878470B30E4A7672CCA 523E83C0BCB9, cn=PAWAN DHARKAR Date: 2022.05.19 13:42:53 +05'30'