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2025 DAILYLAW 28706 (CHH)

DEEPIKA BAI DHIWAR v. MOHD. RIAZ

MAC/1252/2023 · 2025-03-08

Shri Narendra Kumar Vyas

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:CGHC:11612 HIGH COURT OF CHHATTISGARH, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Mr. Justice Narendra Kumar Vyas Member - Lok Adalat : Mr. Ashok Kumar Verma, Advocate MAC No. 1252 of 2023 1 - Deepika Bai Dhiwar W/o Late Ashok Kumar Dhiwar Aged About 28 Years. 2 - Kishan Dhiwar S/o Late Ashok Kumar Dhiwar Aged About 7 Years 3 - Mayank Dhiwar S/o Late Ashok Kumar Dhiwar Aged About 5 Years 4 - Akansh Dhiwar D/o Late Ashik Kumar Dhiwar Aged About 01 Month, 5 - Dukhiram Dhiwar S/o Late Shudhdhuram Dhiwar Aged About 58 Years. 6 - Gaytri Bai Dhiwar W/o Dukhiram Dhiwar Aged About 56 Years Appellant No. 2 to 4 are Minor Through Their Legal Guardian Mother Deepika Bai. All are R/o Village Bharari, Thana Ratanpur, Tahsil And District Bilaspur (C.G.) ... Appellant(s) versus 1 - Mohd. Riaz S/o Abdul Razzaq Aged About 37 Years R/o Muslim Mohalla, Takhatpur, Thana And Tahsil Takhatpur, District Bilaspur (C.G.) (Driver Cum Owner Of The Offending Vehicle Motor Cycle No. C.G.10/a.S./9760) (Driver Cum Owner) 2 - Branch Manager Bajaj Allianze General Insurance Company Limited, Branch Office, 3rd Floor, Guru Kripa Tower Byapar Vihar Road, Thana - Civil Line, Tahsil And District - Bilaspur Chhattisgarh (Insurer No. C.G.10/ A.S.9760). Note - Typo Graphical Error In Offending Vehicle Car No. C.G. 04 / H.C. / 7007) ... Respondent(s) For Appellants : Mr. A.L. Singroul, Advocate. For Ins. Comp. : Mr. Sangeet Kumar Kushwaha, Advocate. AWARD (Passed on 08.03.2025) 1. The contesting parties to this appeal have amicably settled/compromised the dispute which is subject matter of the ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.03.10 11:35:55 +0530 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. 2. We accordingly accept the compromise/settlement proposed by the parties and order that respondent/Insurance Company shall pay Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand only) by way of compensation in addition to the amount awarded by the learned Tribunal to the appellants within 60 days from today, otherwise interest @ 9% per annum from today shall also be payable till its realization of the additional amount of compensation. 3. It is directed that total enhanced amount of Rs. 2,50,000/- shall be paid to the claimants/appellants through transfer of fund in their bank account. 4. It is directed that the share of minor, if any, 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. 5. 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/- (Narendra Kumar Vyas) Judge- Lok Adalat High Court of Chhattisgarh Bilaspur Sd/- (Ashok Kumar Verma) Member- Lok Adalat High Court of Chhattisgarh Bilaspur Arun