Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
DAILY LOK ADALAT
Appeal from Order No. 270 of 2013
Mukesh Chand
….....Appellant
Versus
Rafeeq Ahmad and others
….….Respondents
Present: Mr. Pawan Sanwal, Advocate for the appellant. Mr. D.C.S. Rawat, Advocate for the respondent no.3.
Daily Lok Adalat Award
Hon’ble Rajesh Tandon, J. (Retd.) Mahesh Chandra Pant, Advocate/ Member
Appellant-Mukesh Chand and Mr. Ashwini Kumar Kasana, Manager (Legal) of United India Insurance Co. is present in Daily Lok Adalat today.
2.
By the present appeal the appellant has prayed for the enhancement of the compensation by filing the appeal under Section 173 of the Motor Vehicles Act. The tribunal has awarded a sum of Rs. 2,73,000/- plus interest. The total amount has already been paid to the claimant. By the present appeal, the appellant has prayed for enhancement of compensation on the ground of having spent the amount in the treatment.
3.
Considered and heard both the parties on behalf of the appellant Mr. Pawan Sanwal, Advocate and on behalf of the respondent no.3 Mr. D.C.S. Rawat, Advocate.
2
4.
Both the parties have made a proposal for settlement by enhancing a sum of lumpsum Rs. 1,10,000/-. The appeal therefore stands allowed and the compensation is enhanced to Rs. 1,10,000 in lumpsum. The amount shall be paid to the claimant within six weeks from the date of the receipt of the order.
5.
Both the parties have agreed for the enhancement of Rs. 1,10,000/-. The enhancement appeal is disposed of accordingly. Award is made by enhancing a sum of Rs. 1,10,000/-. The claimant has already received the awarded amount, the same shall be treated to be enhanced by lumpsum Rs. 1,10,000/- and therefore the award is passed accordingly by allowing the appeal of lumpsum Rs. 1,10,000/.
6.
The Award is passed accordingly.
(Mahesh Chandra Pant, Adv./Member) (Rajesh Tandon, J (Retd.)
08.05.2025 08.05.2025
Nahid