Shivram vs Manohar
2023 Latest Caselaw 2452 MP

                                                            1
                             IN    THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                               BEFORE LOK ADALAT
                                  HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                                        &
                                             MADHUSUDAN DWIVEDI
                                              ON THE 11 th OF FEBRUARY, 2023
                                               MISC. APPEAL No. 1404 of 2014

                            BETWEEN:-
                            SHIVRAM S/O ONKAR PATIDAR, AGED ABOUT 55
                            YE A R S , OCCUPATION: AGRICULTURE AND MILK
                            BUSINESS 1211 DWARKAPURI (MADHYA PRADESH)

                                                                                       .....PETITIONER
                            (SHRI JAHANGIR M. POONEGAR, LEARNED COUNSEL FOR THE
                            APPELLANT)


                            AND
                            1.    MANOHAR S/O BABULAL MEENA OCCUPATION:
                                  DRIVER   BAIGRAM  P.S.SIMROL (MADHYA
                                  PRADESH)

                            2.    JAGDISH   S/O  GAJADHAR   OCCUPATION:
                                  BUSINESS BAIGRAM,POLICE THANA SIMROL
                                  MHOW, DISTRICT INDORE M.P. (MADHYA
                                  PRADESH)

                            3.    BAJAJ   ALLIANCE   GENERAL    INSURANCE
                                  COMPANY LIMITED DISTRICT INDORE M.P. IVTH
                                  FLOOR,COMMERCE HOUSE 7, RACE COURSE
                                  ROAD, DISTRICT INDORE M.P. (MADHYA
                                  PRADESH)

                                                                                    .....RESPONDENTS

(SHRI MONESH JINDAL, LEARNED COUNSEL FOR THE RESPONDENT [R- 3].)

This appeal coming on for conciliation this day, the Bench passed the following:

Signature Not Verified Signed by: SHAILESH PATIL Signing time: 2/13/2023 10:43:15 AM

AWAR D

(Passed on 11th day of February, 2023)

1. This appeal by the claimant(s) has been filed for enhancement of compensation awarded by 14th Addl.M.A.C.T. Indore, District Indore in Claim Case No.612/2011 decided on 30.1.2014, whereby the Claims Tribunal has awarded compensation of Rs.1,13,794/- in favour of the appellant and against respondents No.1 & 2/Driver and Owner of the vehicle respectively and the Claims Tribunal has exonerated the respondent No.3/Insurance Company. The same has been placed before this Lok Adalat u/s. 21 of the Legal Services & Authorities Act, 1987.

2. Claimant and respondent No3/Insurance Company have filed jointly compromise application and submitted that taking into account the various judgments passed by the Hon'ble Apex Court, the Insurance Company wants to compromise the matter.

3. Accordingly, the appeal has been compromised and the compensation of Rs.1,13,794/- as awarded by the Tribunal has been reduced to total sum of Rs.1,10,000/- (inclusive of interest and cost).

4. Therefore, the compromise application filed by the claimant and Insurance Company is allowed and following award has been passed.

5. The matter was discussed. After hearing Counsel appearing for both parties and after perusing the relevant record, we are of the considered opinion that the compensation awarded by the Claims Tribunal is reduced to Rs.1,10,000/- (Rs.One Lakh Ten Thousand only). We, therefore, suggest that the matter should be settled on these terms.

6. 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 in addition to the amount already awarded by the Claims Tribunal, respondents No.1 & 2 (Driver and Owner of the vehicle) shall pay a sum of Rs.1,10,000/- (Rs.One Lakh Ten Thousand only) towards full and final satisfaction of the claim made by the appellant/s in this appeal.

b) That the respondents No.1 & 2 (Driver and Owner of the vehicle) 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 6% per annum from the date of this award.

c) After deposit of the aforesaid amount, Claims Tribunal shall permit the appellant/s to withdraw the same.

d) Since the matter has been settled between the parties in this Lok Adalat, the Court fees, if any, paid by the claimant(s) be refunded without any deduction on issuing certificate by the Registry in view of direction given by Division Bench of this Court in the case of Ramesh Chandra V/s. State of M.P. - (ILR 2012 MP 320).

e) Parties to bear their own costs.

f) Both the parties have agreed to settle the appeal in Rs.1,10,000/- (Rs.One Lakh Ten Signature Not Verified Signed by: SHAILESH PATIL Signing time: 2/13/2023 10:43:15 AM

Thousand only) in addition to the amount already deposited before the Tribunal in full and final satisfaction of the claim by the Insurance Company.

7. Copy of this award be given to both the parties free of charges.

                               (PRAKASH CHANDRA GUPTA)                                     (MADHUSUDAN DWIVEDI)
                                        MEMBER                                                  MEMBER
                            patil




Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 2/13/2023
10:43:15 AM