Sri Buddhi Singh And Another ... vs Mor Singh And Others
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Uttarakhand High Court

Sri Buddhi Singh And Another ... vs Mor Singh And Others on 22 May, 2025

HIGH COURT OF UTTARAKHAND AT NAINITAL
                               DAILY LOK ADALAT


                  Appeal from Order No. 43 of 2014

Sri Buddhi Singh and another                                       ........Appellants

                                        Versus

Mor Singh and others                                              ........Respondents

Present:

Ms. Ruchika Negi, Advocate holding brief of Mr. Sandeep Kothari, Advocate for the appellants.

Mr. Pulak Agarwal and Mr. Bharat Tewari, Advocates for the respondent no.3/ Cholamandalam.

Daily Lok Adalat Award

Hon'ble Rajesh Tandon, J. (Retd.) Mahesh Chandra Pant, Adv./Member

Ms. Jenika Chopra, Manager (Legal), is present in Daily Lok Adalat today through video conferencing.

2. Heard on delay condonation application.

3. Having considered the grounds for delay, the delay in filing the appeal is condoned.

4. By the present appeal the appellant has prayed for the enhancement of the compensation. The claim petition was preferred on account of the accident occurred in the year 2012 on 08.05.2012. The Tribunal has awarded a compensation to the extent of Rs. 2,44,000/- with 6 % interest.

5. Present appeal has been filed for enhancement on the ground that the amount of award is wholly inadequate and does not confirm to the norms prescribed under the Motor Vehicles Act.

6. Heard the learned counsel for the parties. Mr. Pulak Agarwal has taken instructions from the insurer namely Cholamandalam, M.S. General Insurance Company. Both, the insurer as well as the counsel have cooperated in getting the enhancement on account of the death occurred in the family due to rash and negligent driving by the driver of the vehicle. The Tribunal has also recorded the findings that the accident occurred due to rash and negligent driving and therefore the cooperation by the insurer and the counsel requires appreciation by the Daily Lok Adalat.

7. Both the parties have placed before the Lok Adalat a proforma of settlement, which has been verified by learned counsel for both the parties. As per the settlement arrived at between the parties and the proforma of settlement as enclosed herewith, the amount of compensation is enhanced to Rs. 7,00,000/- (Seven Lakh). No further interest shall be claimed by the appellant.

8. The appeal is allowed. The award is passed accordingly. The settlement be made part of the judgment.

(Mahesh Chandra Pant, Adv./Member) (Rajesh Tandon, J (Retd.) 22.05.2025 22.05.2025 Nahid