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2025 DAILYLAW 19273 (CHH)

SMT. BALMOTIN BAI v. AMJAD KHAN

MAC/938/2024 · 2025-05-09

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:21933 NAFR NATIONAL LOK ADALAT Dated - 10 th May, 2025 CHHATTISGARH HIGH COURT CAMPUS-BILASPUR MAC No. 938 of 2024 1 - Smt. Balmotin Bai W/o Shri Badram Netam, Presently Aged About 47 Years, R/o Village - Dottapara Adega, Tahsil - Keshkal, Distt.- Kondagaon (C.G.), Present Address - Singarbhath Kanker, P.S. - Kanker, District - North Bastar, Kanker (C.G.) 2 - Badram Netam S/o Shri Sukhram Netam Presently Aged About 52 Years R/o Village - Dottapara Adega, Tahsil - Keshkal, Distt.- Kondagaon (C.G.), Present Address - Singarbhath Kanker, P.S. - Kanker, District - North Bastar, Kanker (C.G.) 3 - Khumeshwar Netam S/o Shri Badram Netam Presently Aged About 22 Years R/o Village - Dottapara Adega, Tahsil - Keshkal, Distt.- Kondagaon (C.G.), Present Address - Singarbhath Kanker, P.S. - Kanker, District - North Bastar, Kanker (C.G.) 4 - Kumari Neha Netam D/o Shri Badram Netam Present Aged About 18 Years R/o Village - Dottapara Adega, Tahsil - Keshkal, Distt.- Kondagaon (C.G.), Present Address - Singarbhath Kanker, P.S. - Kanker, District - North Bastar, Kanker (C.G.) ... Appellants versus 1 - Amjad Khan S/o Late Shri Abdul Khan Aged About 43 Years, R/o Village - Dhavrabhata, P.S.- Bagbahra, District - Mahasamund (C.G.)(Vehicle Driver - Naresh Bus No. CG 27 F 8899) 2 - Kishore Kumar Jain S/o Shri Sammat Lal Jain, R/o Tahsilpara Kondagaon, P.S. and District - Kondagaon (C.G.) (Vehicle Owner- Naresh Bus No. CG 27 F 8899) 3 - United India General Insurance Company Limited, Krishna Complex Kachahri Chowk Raipur, Distt.- Raipur(C.G.) (Insurance Company- Naresh Bus No. CG 27 F 8899) 4 - Chinta Ram Kosre S/o Bisahu Ram Kosare, Aged About 55 Years, R/o Jhogigufa, P.S. - Dhamdha, Distt.- Durg (C.G.) (Vehicle Driver- Mahindra Bus Digitally signed by MOHAMMAD AADIL KHAN 2 No. CG 04 EA 0144) 5 - Ajay Sing Gill, Director Gappu Mahendra Travels Private Limited Pandri Raipur, Distt.- Raipur (C.G.) (Vehicle Owner - Mahindra Bus No. CG 04 EA 0144) 6 - The New India Insurance Company Limited Second Floor, LIC, Commercial Complex Phase-1, Jeevan Beema Marg, Pandri, Raipur, Distt.- Raipur (C.G.) (Insurance Company - Mahindra Bus No. CG 04 EA 0144) ---Respondents (Cause-title taken from Case Information System) _________________________________________________________ For Appellants: Mr. Shikhar Shukla, Advocate. For Respondent No.3 : Mr. P.K. Tulsyan, Advocate with Mr. Praveen Ekka, Deputy Manager and Mr. Rajnikant Sahu, Inchrarge, T.P. Hub, United India Insurance Company Ltd., Bilaspur (C.G.) AWARD (PASSED ON 10.05.2025) 1. Parties have filed a compromise petition. 2. Both the parties have entered into a compromise. The Insurance Company/Respondent No.3 has agreed to pay an additional amount of Rs.3,50,000/-(Rs. Three Lakh Fifty Thousand Only) over and above the amount awarded by the Tribunal. The Insurance Company/Respondent No.3 has also agreed to deposit the said amount within a period of 60 days from today failing which the said amount shall carry an interest @ 6% per annum till payment. 3. Accordingly and in the light of the offer and acceptance given by both the parties, the instant appeal is disposed of and the impugned award passed by the Claims Tribunal is modified and amount of compensation is enhanced to the extent that the Insurance Company shall pay an additional amount of Rs.3,50,000/-(Rs. Three Lakh Fifty Thousand Only) as compensation in addition to the amount already awarded by the Claims Tribunal, within a period of 60 days from today, failing which the said amount shall carry interest @ 6% per annum 3 from today till its payment. 4. The appeal is accordingly disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (M.P.S. Bhatia) Judge -Lok Adalat Member- Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Aadil