Nahru Khan And Another vs Saeed Kha And 2 Others

This appeal by the claimant has been filed for enhancement of compensation awarded by I M.A.C.T., Jaora District Ratlam in Claim Case No.54/2012 decided on 3/11/2015 and has been placed today in this Lok Adalat under Section 20 of the Legal Services & Authorities Act, 1987.

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 on lower side and deserves to be enhanced by Rs.2,00,000/-(Rupees Two Lakh Only). We, therefore, suggested that the matter should be settled on these terms.

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, respondent/Insurance Co. ltd. shall pay a sum of Rs.2,00,000/- towards full and final satisfaction of the claim made by the appellant(s) in this appeal.

(b) That, the respondent/Insurance Co. ltd. 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) After deposit of the aforesaid amount, Claims Tribunal shall permit applicant(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 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) Parties to bear their own costs.

(f) Both the parties appeal/both the appeals in amount already deposited full and final satisfaction Company. have agreed to settle the Rs.2,00,000/- in addition to the before the Claims Tribunal in of the claim by the Insurance

(g) The insurance company shall be at liberty to recover the amount from the owner.

Copy of this Award be given to both the parties free of charge.