Bondriya vs National Insurance Company ...
2022 Latest Caselaw 7367 MP

                                                                HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                                                                            NATIONAL LOK ADALAT

                                                                                 Miscellaneous Appeal No.1187/2021

                                                                                                Bondriya
                                                                                                    v/s
                                                                                         National Insurance & Ors.

                                                                                                *****

Appellant(s)/claimants by Shri Sameer Verma, Advocate. Respondent No.1/ 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.1903/2018 decided on 13.02.2021 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.50,000/- (Rupees Fifty thousand 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.1-Insurance Company shall pay a sum of Rs.50,000/-

(Rupees 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(s) in this appeal.

(b) That Respondent no.1 -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.

SUMATHI JAGADEESAN Digitally signed by SUMATHI JAGADEESAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=2c031063fea95cabb51a5432c9ce6df4c49ae556251c6a 1b1fca11a86643b2a2, pseudonym=BEF252392AFC4F748B6F8C1E18D805F7FACD91F2 , serialNumber=28E58B6FE482FD4DF2469FAAFF13E836178C3C8 1533BF4D0F8641FFAB3DD337B, cn=SUMATHI JAGADEESAN Date: 2022.05.17 12:46:07 +05'30'

(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 certificate by the Registry.

                                               (e)     Parties to bear their own costs.


                                       (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



        Digitally signed by SUMATHI


SUMA
        JAGADEESAN
        DN: c=IN, o=HIGH COURT OF
        MADHYA PRADESH BENCH
        INDORE, ou=JUDICIAL,



THI
        postalCode=452001,
        st=Madhya Pradesh,
        2.5.4.20=2c031063fea95cabb51
        a5432c9ce6df4c49ae556251c6a
        1b1fca11a86643b2a2,


JAGAD
        pseudonym=BEF252392AFC4F7
        48B6F8C1E18D805F7FACD91F2
        ,
        serialNumber=28E58B6FE482F



EESAN
        D4DF2469FAAFF13E836178C3C
        81533BF4D0F8641FFAB3DD337
        B, cn=SUMATHI JAGADEESAN
        Date: 2022.05.17 12:46:23
        +05'30'