Madhya Pradesh High Court
Jitendra vs Rambabu on 8 December, 2018
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
NATIONAL MEGA LOK ADALAT
Miscellaneous Appeal No.775/2015
Jitendra
v/s
Rambabu and others
Appellant(s) by Mr. Himanshu Joshi, Advocate.
Respondent No.3/Insurance Co. by Mr. Manoj Jain, Advocate.
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AWAR D (Passed on this 8th day of December, 2018) This appeal by the claimant(s) has been filed for enhancement of compensation awarded by Member, MACT, Narsinghgarh, District Rajgarh in Claim Case No. 223/2013 decided on 12.01.2015 and has been placed today in this 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 are of the considered opinion that the compensation awarded by the Claims Tribunal is on lower side and deserves to be enhanced by Rs.30,000/- (Rupees Thirty 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 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 in addition to the amount already awarded by the Claims Tribunal, respondent No.3/Insurance Company shall pay a sum of Rs.30,000/-
(Rupees Thirty Thousand only) towards 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 two 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 appellant(s) to withdraw the same.
(d) Since the matter has been settled between the parties in this Lok 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 vs. 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/both the appeals in Rs.30,000/- in addition to the amount already deposited before the Tribunal in full and final satisfaction of the claim by the Insurance Company. Copy of the award be given to both the parties free of charges.
(JUSTICE SHAILENDRA SHUKLA) ( ASHISH GUPTA)
MEMBER MEMBER
MUKTA
KAUSHAL
2018.12.08
15:24:33 -08'00'