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Chattisgarh High Court

Smt. Mamta Sahu vs Sohan Kumar Gahre 39 Mac/403/2020 ... on 11 July, 2020

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     CHHATTISGARH HIGH COURT, BILASPUR
                            E - LOK ADALAT

      Judge  - Lok Adalat : Hon'ble Shri Justice Gautam Chourdiya.
      Member - Lok Adalat : Shri Rajeev Shrivastava, Advocate.

                              MAC No. 994 of 2019
     (Arising out of award dated 04/04/2019 passed by Additional Motor
      Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 131/18)


1.    Smt. Mamta Sahu Wd/o Late Sanjeev Kumar Sahu, aged about 22
      Years,

2.    Yogesh Kumar Sahu S/o Late Sanjeev Kumar Sahu, 02 Month (Minor),

3.    Bharatlal Sahu S/o Ramchandra Sahu, aged about 44 Years,

4.    Arun Kumar Sahu W/o Bharatlal Sahu, aged about 13 Years' Appellant
      No. 4, minor through the Father (Natural Guardian) Appellant No. 03,
      Bharat Lal Sahu,

5.    Dharna Sahu S/o Late Sanjeev Kuar Sahu, aged about 2 Years,
      Appellant No. 2 & 5 minor through the Mother (Natural Guardian)
      Appellant No. 01 Smt Mamta Sahu Wd/o Late Sanjeev Kumar Sahu,

      All are R/o Village Badnara, Police Station Nandghat, District (Revenue
      & Civil) Bemetara (C.G.).

                                                      ---- Appellants/Claimants
                                    Versus

1.    Sohan Kumar Gahre S/o Banauram Gahre, aged about 24 Years, R/o
      Village Ghaurabhata, Police Station Hirri, District Bilaspur (C.G.).
      (Driver of Vehicle Hiwa Truck No. C.G. 10 A.D. 9136)

2.    Gitesh Chhabda S/o Jagadish Chhabda, R/o House No. 104, Ward No.
      02, Near Gurunanak Bhawan, Bilha District Bilaspur (C.G.).
      (Owner of Vehicle Hiwa Truck No. C.G. 10 A.D. 9136)

3.    The New India Insurance Company Limited, Through Divisional
      Manager, Branch Office Rama Trade Center, 2 nd Floor, Near Rajiv Plaza,
      Old Bus Stand, Police Station Civil Line, Tahsil & District Bilaspur (C.G.).
      (Insurer of Vehicle Hiwa Truck No. C.G. 10 A.D. 9136)

                                                             ---- Respondents

For Appellants : Shri Anand Kesharwani, Advocate. For Respondent/Insurance Company : Shri B.N. Nande, Advocate. 2

AWARD (Passed on 11th July, 2020)

1. The contesting parties to this appeal have amicably settled/ compromised the dispute, which is subject matter of this appeal, voluntarily. We have also found that the terms and conditions of compromise/settlement arrived at between the contesting parties are just, proper and legal. There is no legal impediment to compromise and hence are acceptable. We accordingly accept the compromise/ settlement, proposed by the parties and order that the Respondent No.3/Insurance Company shall pay Rs. 4,00,000/- (Rupees Four Lakh Only) by way of compensation in addition to the amount awarded by the Tribunal to the appellants within 03 months from today. In case the amount is not paid within stipulated time then the said amount shall carry interest as awarded by the Tribunal till realization.

2. Copy of this award should be provided free of cost to the parties immediately.

                    -Sd/-                                         -Sd/-
           (Gautam Chourdiya)                            (Rajeev Shrivastava)
            Judge - Lok Adalat                            Member - Lok Adalat
     High Court of Chhattisgarh Bilaspur           High Court of Chhattisgarh Bilaspur




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