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2025 DAILYLAW 20490 (CHH)

AMINA TOPPO v. ARJUN YADAV

MAC/1133/2024 · 2025-03-08

Shri Narendra Kumar Vyas

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Judgment text

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1 2025:CGHC:11601 HIGH COURT OF CHHATTISGARH, BILASPUR NATIONAL LOK ADALAT Judge Lok Adalat : Hon'ble Shri Justice Narendra Kumar Vyas Member Lok Adalat: Shri Ashok Kumar Verma, Advocate. MAC No. 1133 of 2024 1. Amina Toppo W/o Late Budhram Toppo Aged About 29 Years R/o Village Laduwa, P.S. And Tehsil Rajpur, District - Balrampur- Ramanujganj, C.G. 2. Santosh Toppo S/o Late Budhram Toppo Aged About 13 Years Minor Through Legal Guardian/mother Amina Toppo, W/o Late Budhram Toppo, Caste Oraon, R/o Village Laduwa, P.S. And Tehsil Rajpur, District - Balrampur- Ramanujganj, C.G. 3. Reema Toppo D/o Late Budhram Toppo Aged About 11 Years Minor Through Legal Guardian/mother Amina Toppo, W/o Late Budhram Toppo, Caste Oraon, R/o Village Laduwa, P.S. And Tehsil Rajpur, District - Balrampur- Ramanujganj, C.G. 4. Phulmatiya Bai W/o Munni Lal Toppo Aged About 50 Years R/o Village Laduwa, P.S. And Tehsil Rajpur, District - Balrampur- Ramanujganj, C.G. 5. Munni Lal Toppo S/o Late Baldev Toppo Aged About 55 Years R/o Village Laduwa, P.S. And Tehsil Rajpur, District - Balrampur- Ramanujganj, C.G. ... Appellants. versus 1. Arjun Yadav S/o Jhamu Ram Yadav Aged About 24 Years Occupation Vehicle Driver, R/o Village Birejhar, P.S. Somni, District Rajnandgaon, C.G. (Driver Of Vehicle Truck No. C.G.-08-W-3039) 2. Somesh Kumar Sahu S/o Vishram Sahu Aged About 30 Years R/o Village Jangalpur, P.S. Lalbag, District Rajnandgaon, C.G. (Owner Of Vehicle Truck No. C.G.-08-W-3039) 3. Branch Manager Chola Mandalam M.S. General Insurance Company Limited, Division Office Second Floor, Simran Tower, In Front Of L.I.C. Building, Pandri Raipur, District Raipur, C.G. (Insurer Of Vehicle Truck No. C.G.-08-W-3039) ... Respondent(s) 2 -------------------------------------------------------------------------------------------------------------- For Appellants : Mr. C.J.K. Rao, Advocate. For Respondent No. 3 : Mr. Sangeet Kumar Kushwaha, Advocate. ------------------------------------------------------------------------------------------------------------- AWARD (8-3-2025) 1. The contesting parties to this appeal have amicably settled/compromised the dispute which is subject matter of the appeal, voluntarily. We have also found that the terms and conditions of compromise/settlement arrived at between the contesting parties are just, proper and legal. There is no legal impediment to compromise and hence are acceptable. We accordingly accept the compromise/settlement proposed by the parties and order that the respondent No.3/Insurance Company shall pay Rs. 2,50,000/- (Rupees Two lakhs fifty thousand) by way of compensation in addition to the amount already awarded by the learned Tribunal to the appellants within 60 days from today, otherwise interest @ 6% per annum from the date of filing of the claim petition, shall also be payable till its realization of the additional amount of compensation. 3. It is observed that appellants No 2 and 3 are minors, therefore, it is directed that their share shall be kept in the form of fixed deposit in any Nationalized Bank which would be renewable and would be payable on attaining the age of majority, as awarded by the tribunal. 2. It is directed that total enhanced amount of Rs. 2,50,000/- shall be paid to the claimant/appellants through transfer of fund in their bank account. 3. A copy of the docket (compromise arrived at between the parties) be sent to the Claims Tribunal along with its record, if any, and a copy of the award passed today, forthwith. Sd/- Sd/- (Narendra Kumar Vyas) (Ashok Kumar Verma) Judge - Lok Adalat Member – Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.03.10 12:23:31 +0530