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2025 DAILYLAW 38335 (CHH)

SMT. KALAVATI CHANDRAKAR v. LAVKUSH PRASHAD PATEL

MAC/1879/2024 · 2025-03-08

Shri Narendra Kumar Vyas

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Judgment text

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1 2025:CGHC:11606 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. 1879 of 2024 1. Smt. Kalavati Chandrakar W/o Late Rameshwar Chandrakar Aged About 22 Years R/o Of Village Damaidih (Gidhva) Gram Panchayat Gidhva, Post And Police Station Dadhi Tahsil And District - Bemetara (C.G.) (Claimants 2. Kuber Chandrakar S/o Late Rameshwar Chandrakar Aged About 3 Years R/o Of Village Damaidih (Gidhva) Gram Panchayat Gidhva, Post And Police Station Dadhi Tahsil And District - Bemetara (C.G.) (Claimants ) 3. D/o Late Rameshwar Chandrakar About 03 Month R/o Of Village Damaidih (Gidhva) Gram Panchayat Gidhva, Post And Police Station Dadhi Tahsil And District - Bemetara (C.G.) (Claimants ( Appellant No. 2 And 3 Are Minor Through Their Natural Gauardin Mother Appellant No. 1 4. Gajanand Chandrakar S/o Sonuram Chandrakar Aged About 47 Years R/o Of Village Damaidih (Gidhva) Gram Panchayat Gidhva, Post And Police Station Dadhi Tahsil And District - Bemetara (C.G.) (Claimants ) 5. Smt. Geetam Bai Chandrakar W/o Gajanand Chandrakar Aged About 45 Years R/o Of Village Damaidih (Gidhva) Gram Panchayat Gidhva, Post And Police Station Dadhi Tahsil And District - Bemetara (C.G.) (Claimants ) ... Appellants. versus 1. Lavkush Prashad Patel S/o Kaushal Prashad Aged About 30 Years R/o Of Village Pondikhurd, P.S. Tala, District - Satna (M.P.) Pin 485001 ( Dirver Of The Vehicle Jeevan Bus Bearing No. C.G. /04/nz/ 4402) 2 2. Jeevan Bus Services Proprietor Surjeet Singh C/o Mahendra Travels, New Bus Stand Bhatagaon Raipur, District - Raipur (C.G.) ( Owner Of The Vehicle Jeevan Bus Bearing No. C.G. /04/nz/4402) 3. Manager National Insurance Company Limited, Bhutan Complex G.E. Road, Powerhous Bhilai District - Durg. (C.G.) Office Code - 295203 ( Insurance Company Of The Vehicle Jeevan Bus Bearing No. C.G./04/nz/4402) ... Respondent(s) -------------------------------------------------------------------------------------------------------------- For Appellants : Mr. Amit Kumar Sahu, Advocate. For Respondent No. 3 : Mr. Praveen Kumar Tulsyan, Advocate along with Mr. Samar Jain, Manager, NICL. ------------------------------------------------------------------------------------------------------------- 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. 4,25,000/- (Rupees Four lakhs twenty five thousand) by way of compensation in addition to the amount 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 appellant 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. 4,25,000/- shall be paid of claimant/appellants through transfer of fund in their bank account. 3 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 12:12:51 +0530