Bapulal Patidar & Ors vs Veerendra & Anr

This appeal is filed by the claimant/(s) seeking enhancement of compensation awarded by IVth Motor Accident Claims Tribunal, Indore(M.P.) in Claim Case No.MACC/141/2019 decided on 29/11/2021. Today appeal is listed before Permanent & Continuous/ National Lok Adalat under Section 20 of the Legal Services Authorities Act, 1987 for settlement between the parties.

(2) After discussion and hearing Counsel appearing for both parties and after perusing the relevant record, we are of the opinion that the compensation awarded by the Claims Tribunal is on lower side and deserves to be enhanced by Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand Only). we, therefore, suggest the parties 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 duly 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-Insurance Company shall pay a sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand Only) in addition to the amount already awarded by the Claims Tribunal as full and final satisfaction of the claim made by the appellant(s) in this appeal.

(b) That Respondent-Insurance Company shall deposit the above 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 National Lok Adalat, the Court fees, if any, paid by the claimant(s) be refunded on issuing certificate by the Registry in view of direction given by the Court fees, if any It is agreed between the parties that if Court fees is paid by the Division Bench of this Court in the case of Ramesh Chandra vs. State of M.P. reported in ILR 2012 M.P. 320.

(e) This appeal is finally disposed of.

(f) Parties to bear their own costs.

(g). The copy of the application filed by the parties be kept in the record of this appeal.

(4) Copy of the award be given to both the parties free of charges.