V/ (&76? ‘ Age<i aboui— 55 yeays, £N THE HIGH‘E‘OURT OF JUDICAWRE AT BILASP‘VMCGJ MISCELLANEOUS APPEAL NO. ”5 200 givi‘gsn Bench APPELLANT /(1) Hem Bai W/o Laf: Sri Lakhan Ial Saba CLAI‘MANT y) Ku‘Aniu S/o Lafe Sri lakan lal Sahu Ageé abouf~ 16 years, Ku‘Manju 5/0 Lafe SH Lakhan La! Sahu Aged about 11 Years (3/) Mihn kumar S/o Late Sri Lakhan Ia! Sahu /r Aged abouf — 8 years, appeHanfs no 2,3 ’ and 4 are represented hereby mofher Hem Bar) A“ residence are Navapara T311511 Raiim Disfé— Raipur— (CG) VEKSUS (1) Derba Ram Pafel S/o Srr‘ Hira [a1 x" Pafel, Occupafion — Driver, R/o Rautmara Gariyaband, Tahsil Gariyaband, Disft— Raipur (CG) ‘ 2) Rupcband Kurre 5/0 Sri Baliram Kurre, R/o Nayapara Rajim, Tah‘ Rap'm, Disfr- RaipuKC‘G.) (3 The New India insurance, fhrough Divisional Manager, Divisional Office, Madina Building )ail Road, Kachahari Cbowk, Raipur,(C.G.) KESPONDENT / NON—APPLICANT 1 Misdella‘neous Appeal under/section 1‘7/3/Mo’cor Vehicle Act 1988 ~ a @ / i ’) L XI—HC-22: mmw i Division Bench‘ ‘ HON’BLE SHRI A K PATNAIK C J y There is no opposition rom Shri N.K. Agrawai, appearing fo respondent no.3/Insurance Com ny. Application is allowed. Th delay is condoned. Heard. This is an appeal ag inst the judgment and award dated 02.05.2003 passed by the First dditional Motor Accident Claims Tribunal in Claim Case No.58 of 2002. B the said judgment and award, a sum of Rs.2,04,040/- was awarded in fav ur of the appellants. l.A.No.728I2005 has no been filed stating therein that the appellants and the respondents ave entered into a compromise and as per the said compromise a fu er sum of Rsl OQOOOI- (Rupees one Lakh) is to be paid by the respon ents to the appellants Shri Verma appearing fo the appellants and Shri N.K. Agrawal appearing for the Insurance Com any/respondent no.3, have admitted th said terms of the compromise as entioned in l.A.No.728 of 2005. i ’BLE SHRI SUNIL KUM R SINHA & HON J 25.4.2005 ShriSudhirVerma couns lforihe appellants Shn NK Agrawal Stan mg Counsei for the respondent No 3/ i insurance Company ’ Heard on M.C.P..No.592 of 2005. This is an application fof condonation of delay in filing the isc. Appeai No.140 of 2004. t The delay is for a period o 53 days. Perused‘the application. w ich is supported by the affidavit. (was ass) r e XI-HC—22 man mm mw > Wmatm -L, The application (l.A.723/r appeal is disposed of in terms g will form part of this order. TI i respondent Insurance Company accordance with the said compro : _ in the manner as per the terms judgment & award of the tribuna ‘stand modified accordingly. QC. as per rules. /\ sdl- a Chief Justice )5) for compromise is allowed and the 9f the said compromise. i.A.No.728/2005 1e amount of Rs.1 Iakh be paid by the ' to the appellants within one month in mise. The amount will be apportioned of the award contained in para 21 of the "so ? SUNIL KU'MAR SINHA Judge ,g—a and‘the impugned judgment & award will