Madhya Pradesh High Court
Neemabai vs Laxman on 14 May, 2022
Author: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE LOK ADALAT
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
&
SHRI VIVEK PHADKE, ADVOCATE
ON THE 14th OF MAY, 2022
MISC. APPEAL No. 994 of 2017
Between:-
1. NEEMABAI W/O LATE SARDAR , AGED ABOUT
24 YEARS, OCCUPATION: HOUSE WORK GRAM
DELCHI KHURD, TEH. MAHIDPUR, DISTT.
UJJAIN (MADHYA PRADESH)
2. ANKIT (MINOR) THROUGH U/G MOTHER
NEEMABAI S/O LATE SARDAR , AGED ABOUT 3
Y E A R S , VILLAGE DELCHIKHURD, TEHSIL
MAHIDPUR, (MADHYA PRADESH)
3. GEETABAI W/O RAMSINGH , AGED ABOUT 47
YEAR S , OCCUPATION: HOUSEWIFE VILLAGE
DELCHIKHURD, TEHSIL MAHIDPUR, (MADHYA
PRADESH)
4. RAMSINGH S/O NAGGAJI, AGED ABOUT 50
Y E A R S , VILLAGE DELCHIKHURD, TEHSIL
MAHIDPUR, (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI SUBODH CHOUDHARY, ADVOCATE)
AND
1. LAXMAN S/O KANIRAM , AGED ABOUT 32
Y E A R S , OCCUPATION: DRIVER GRAM
DATTPADA, TEH. GHATIYA, DISTT. UJJAIN
(MADHYA PRADESH)
2. SMT TALABEN W/O VINOD BHAI VEKRIYA A-
18/19, RANOLI COMMERCIAL COMPELX,
RANOLI, BADODA, GUJRAT (GUJARAT)
Signature Not VerifiedDigitally signed by
SAN MONI RAJU
Date: 2022.05.18
3. THE NEW INDIA INSURANCE CO. LTD. UJJAIN
16:36:50 IST
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANIL GOYAL,ADOVATE FOR THE RESPONDENT NO. 3)
This appeal coming on for judgment this day, the court passed the
following:
AWARD
This appeal by the claimant has been filed for enhancement of compensation
awarded by Addl. Member, MACT, Mahidpur, District-Ujjain (M.P.), in Case
No.55/2016 decided on 03.3.2017 and has been placed before this Lok Adalat under
Section 20 of the Legal Services and 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 deserved to be enhanced by Rs.2,50,000/- (Rupees
Two Lacs Fifty 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 (Insurance Company) shall pay a sum of
Rs.Rs.2,50,000/- (Rupees Two Lacs Fifty Thousand only). in addition to the
amount 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 (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 at the rate of 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.
[e] The Court fees be refunded after due verification in terms of Section 21(1)
of the Legal Services and Authorities Act, 1987.
4. Copy of this award be given to both the parties free of charges.
5. All the other pending interlocutory applications, if any, shall stand disposed of.
Signature Not VerifiedDigitally signed by
SAN MONI RAJU
Date: 2022.05.18
16:36:50 IST
(SUBODH ABHYANKAR) (VIVEK PHADKE )
MEMBER MEMBER
moni
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN MONI RAJU
Date: 2022.05.18
16:36:50 IST
