Madhya Pradesh High Court
Pradeep Mukati vs Kalu on 12 December, 2015
HIGH COURT OF MADHYA PRADESH, INDORE BENCH.
PERMANENT & CONTINUOUS LOK ADALAT.
MISC. APPEAL No.2217/15
Pradeep Mukati
V/s.
Kalu & Ors..
***
Appellants by Shri Subodh Chowdhary.
Respondent No.3 United India Insurance Co. by Shri Pradeep Gupta.
*** AWARD (Passed on 12.12.2015)
1. This appeal by the claimant(s) has been filed for enhancement of compensation awarded by Member, Additional M.A.C.T., Dhar in Claim Case No.341/2013 decided on 02/07/2015 and has been placed before this Lok Adalat u/s. 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 was on lower side and deserves to be enhanced by Rs.35,000/- (Rs.Thirty Five Thousand only). We, therefore, suggested that the matter should 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 the Respondent No.3 (United India Insurance Company) shall pay a sum of Rs.35,000/- in addition to sum of Rs.83,420/- already awarded by the Claims Tribunal in full and final satisfaction of the claim made by the appellant in this appeal.
b) That the Respondent No.3 (United India Insurance Company) shall deposit the said amount in the Claims Tribunal for payment to the appellant within a period of three months from today, failing which this additional amount shall be recoverable with interest calculated @ 9% per annum from the date of this award.
c)On deposit being made, the Claims Tribunal shall permit the appellant to withdraw the same.
d)Parties to bear their own costs.
4. Copy of this award be given to both the parties free of charges.
5. This matter has been disposed off in Lok Adalat. Entire Court fee should be refunded without any deduction, according to judgment passed by Division Bench of this Court in case of Ramesh Chandra V/s State of M.P., I.L.R. 2012 M.P.320.
( Jarat Kumar Jain ) (Avinash Sirpurkar) (Smt. Anjulata Bhatele)
Member Member Member
Adarsh