C! IN THE HON'BLE fflGH COURT OF JUDICTURE CHHATTISGARH AT BILASPUR CASENo.M.A. ^^5 /03 ABP&LANTS yCLAIMANTS 1. TERASRAM gURYAVANSHI S/o Shri Bihari Suiyavanshi Age.35 years 2. Smt. GangaBai W/o Bihari Suryavanshi Age 50years Resi. Both the appellants live at Gram Jevara.Tah. & P.S. Pamgarh Distt.- Janjgir C.G. VERSUS 'l. Brij MohanDhiyar fy S/o.Shiv PrasadDhivar Resi./o Behind Rest House Jaiijgir Tah. & Distt. Janjgir Champa (C.G.) RESEONBENTS NO^-AI'PLICAt'ES !.< ^—w- ^ 2.. United ladla Insurance Com. Ltd. '^ ^rhrouglt Braiieh;Manager, Traasport Nagar Korba Distt. Korba (C.G.) ^Slfii^^ ^.'^sWSS^ APPEAl,mSDER^SE<3. t730FTMEMOTORVEHICLEACT 1988 •[!r:l lili illl ;K Ul/t :^.s~ XI-HC-22 g^''<<i<<id<<, ts^ti'is, Iqcii^y ?Tq5|cb A"&4S HTOR-iraTKItSi +»+t**»^t*»*+t**++ ».* + 2-oo 3 W( 200 sn^r^r f^IWSD^T ?h^ii=b ^Ied 9iW<* J?,- '. sn^reRnwsfeT Division Bench: HON'BLE SHRI FAKHRUDDIN, J. & HON'BLE SHRI V.K. SHRIVASTAVA. J. 15-04-2005. Shri R.K. Gupta, counsel fortf None for respondent N6.1. Shri Abhishek Sinha, counsell Heard. This appeal under Section 1 7 preferred by the appellants/Claime|nts award passed bythe learned Claims] In this case, the rash and ne^l is not in dispute. Learned counsel for the was passed in favour ofthe appells|nts present appeal a compromise has| additional amount of Rs.45,000/-| appellants/claimants. A document agreed by both the parties that the ^i two months from today and in appellants do not want to prosecute We have gone through the r^c pn compromise appears to be just 'bwlfi'ifl-i *<w<'Tl'¥te^l'<Rtt<i< . ^sif^iraii^T e appellants. for respondent No.2/lnsurance Company. 3 ofthe MotorVehicle Act, 1988 has been for enhancement of the quantum of Tribunal. ligence on the part of the respondent No.1 parties arid submit that an award of Rs.87,000/- >. However, during the pendency ofthe been arrived at by the parties and an has been agreed to be paid to the |o this effect has also been filed. It is also |mount due shall be paid within a period of 1/iew of the aforesaid compromise, the :|ieappeal. ^eords. The enhanced figure worked put proper. ...P/2. u XI-HC-22 3?? •<ii<ii<t<<, oiflu'is, ftoioy 311^1 ^^cb , ^A..<'s3>;|2^':>s 'w^ R'txA 3I1^?T5|iT R-ii'* 3I^?T ShHW^rf^T 311^?T?^fTOCfff?CT .T- !n this view of the matter, i1 shall get totai sum of Rs.1,32,000/- ] passed by the leamed Claims Tri| above. !n other words, the appeilan] above what has been already awai] made clear that if the amount du^ compromise arrived at by the partie| the appellants shall be entitled to c] said date till its realization. Thus, the appeal stands disfj by the parties. We, however, very much counsel for the parties. Certified copyas perrules. Sd/- Fakhruddin Judge °iiwf<'i'ifl-i Mio^Tft"[s^Q <R]«|< ^rsri^iT-WtRT is directed that the appellants/claimants as compensation and, therefore, the award 3unal is modified to the extent indicated would get a sum of Rs.45,000/- over and ded by the learned Claims Tribunal. It is is not paid to the appellants as per the i within a period of two months from today, harge interest @ 9% per annum from the iosed of in terms of compromise arrived at appreciate the efforts made by learned Sd/- V.K-Shrivastava Judge i . i