B i!: 1 i i 'T" 1 tlil:ll: 1 •'• 'f Singie Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. isceilaneous Appeal No, 1043/2003 1. 2. i/jK' RfflsDondents/Non- Biiaiya W/d Prasad, Caste-Kanwar, aged about 60 years, Occupation House wife. Kripa, S/o Prasaa', Caste Kanwar, aged about 40 years, Occupation Agricutturs. Suraj, S/o Prasad, Caste-Kanwar, aged about 38 years, Occupation Agricuiture. (Ali are R/o Viiiage Katinda, P.S. & Tahsil Pratappur, Distt. Surguja (C.G.) Munna Singh, S/o Shreeram, Caste Rajput, aged about 30 years, Occupation-Driver, R/o Village Phunotee, P.S. Bhajanpur, Distt. Aliahabad (U.P.) (Driver) Surajdee, S/o Sharda Prasad Yadav, aged about 35 years, Occupation - Susiness, R/o RampurChawraha, P.S. Karchhala, Distt. Ailahabad (U.P.) (Owner) The Orienta! insurance Company Ltd. Through Branch Manager, the Oriental insurance Company Ltd. ^ranch Office - Sadar Road, near State Bank of India, Ambikapur, Distt. Surguja (C.G.) (Insurer) A&p_ea!_U/S 1_73otMotor Vehicies Act. 1988 Present: Shri Ashok Kumar Shukia.counsel for the appeilants. Shri Abhishek Sinha, counsel for the resoondent No. 3/insurance Company. ORAL ORDER (Passed on 03-03-2007) Being aggrieved by the impugned award dated 27-09-2003 passed bythe llnd Addlttonal Motor Accidents C!aims Tribuna! (F.T.C.) Surajpur, District Surguja (henceforth "the M.A.C.T.) in claim case No.15/2002 whsreby the appllcation under Section 166 of the Motor Vehiclss Act was rejected, the appetlants have preferred this appea!. (2) Shri Ashok Kumar Shuk'a, learned counse! for the appeliants concedsd that the claimants had failed to estab'ish that death of Prasad was not as a rssuit of the accident and contsnded that in ths Wt^-A- above situation, the claimants,oniv entltled to ths !oss of estate of Rs. 5000/- as deposed by the ciaimant^. ! (3) During t'ne course of arguments, a settiement was arrived at between the parties whereunder the respondent'insurer agreed to pay a sum of Rs.5000/- to the ap'oei'ants as compensation towards 'oss of sstats by depos'ting the same within a period of two months 'from todsv. (4) Learned counse! for the appellants fuiiy agreed with the sstt^msnt, (5) 'n vlew of the settiement arrived at between ths parties, the award passed by the 'earned M.A.C.T. is set aside. A sum of Rs. 5000/- is awarded to the appeflants/claimants which sha!! bs deposited within a period of one month from today. (6) With the aforesaid direction, the miscelianeous appeai stands disposed of. A copy of thls order be sent to ths M.A.C.T. fort'nwlth. Sd/- Dilip Raosaheb Deshmukh Judge