Madhya Pradesh High Court
Smt. Sushilabai vs Dhirendra on 14 May, 2022
Author: Rajendra Kumar (Verma)
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
NATIONAL LOK ADALAT
Miscellaneous Appeal No.3586/2019
Smt. Sushilabai & Anr.
v/s
Dhirendra & Ors.
*****
Appellant(s)/claimants by Shri Sameer Verma, Advocate.
Respondent No.3 / Insurance Company by Shri Mahesh Sharma, Advocate.
*****
A W A R D
(Passed on 14th May, 2022)
This appeal by the claimant/(s) has been filed for enhancement of
compensation awarded by Member, Motor Accident Claims Tribunal, District Indore, in
Claim Case No.748/2017 decided on 23.04.2019 and has been placed today before this
Lok Adalat under Section 20 of the Legal Services Authorities Act, 1987, with the
consent of the parties.
(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 is on lower side and deserves to be enhanced by Rs.3,00,000/- (Rupees
Three lakhs only). We, therefore, suggest that the matter may 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 Respondent No.3-Insurance Company shall pay a sum of
Rs.3,00,000/- (Rupees Three lakhs only) in addition to the amount already
awarded by the Claims Tribunal in full and final satisfaction of the claim
made by the appellant(s) in this appeal.
(b) That Respondent No.3-Insurance Company shall deposit the said amount in
the Claims Tribunal for payment to the appellant(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) On deposit being made, Claims Tribunal shall permit appellant/(s) to
withdraw the same.
(d) Since the matter has been settled between the parties in this Lok Adlat, the
Court fees, if any, paid by the claimant/(s) be refunded on issuing
SUMA Digitally signed by SUMATHI
JAGADEESAN
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
certificate by the Registry.
THI
INDORE, ou=JUDICIAL,
postalCode=452001, st=Madhya
Pradesh,
(e) Parties to bear their own costs.
2.5.4.20=2c031063fea95cabb51a54
32c9ce6df4c49ae556251c6a1b1fca
JAGAD
11a86643b2a2,
pseudonym=BEF252392AFC4F748
B6F8C1E18D805F7FACD91F2,
serialNumber=28E58B6FE482FD4D
F2469FAAFF13E836178C3C81533B
EESAN
F4D0F8641FFAB3DD337B,
cn=SUMATHI JAGADEESAN
Date: 2022.05.17 12:50:46 +05'30'
(4) Copy of the award be given to both the parties free of charges.
(5) All the other pending interlocutory applications, if any, shall stand disposed of.
(6) This matter has been disposed of in this Lok Adalat. Entire court fee should be
refunded without any deduction according to judgment passed by Division Bench of this
Court in the case of Ramesh Chandra Vs. State of M.P. ILR 2012 MP 320.
(Justice Rajendra Kumar Verma) (Smt. Rukmani Dhangar)
Member Member
sumathi
SUMAT
Digitally signed by SUMATHI
JAGADEESAN
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
HI
INDORE, ou=JUDICIAL,
postalCode=452001, st=Madhya
Pradesh,
2.5.4.20=2c031063fea95cabb51a5
432c9ce6df4c49ae556251c6a1b1f
JAGAD
ca11a86643b2a2,
pseudonym=BEF252392AFC4F748
B6F8C1E18D805F7FACD91F2,
serialNumber=28E58B6FE482FD4
EESAN
DF2469FAAFF13E836178C3C8153
3BF4D0F8641FFAB3DD337B,
cn=SUMATHI JAGADEESAN
Date: 2022.05.17 12:54:12 +05'30'
