IN THE HIGH ‘CQUR: OF JUDICATURE AT BIIA§PURJC.G.} Mmeitaneous ' ‘ Apgggt No. e g ’ I {2003 @WEéQ’wm I i a ’ tgggdi‘} //1) Jawahatial, aged about SIG 35 yrs. Kishanchand Cheriyani fmucmm: cumnms tiheriyani x I f Miscellaneous w! under section 173 , QE Motor Vehicles Act .of/rg.‘ 1288 f 2 z" t, 32 \\x‘§§\g>u“§:&\ "M a'" a w g“ $°‘ gw\gyl§2a '. Aged Bath are about Rio. RavigramJdibandha, years. Raipumahem & Districrt-Raipur (CG) 2a; ”g ’ 1 -$ ggo‘éwia‘a‘g ' .--" ‘1‘g6‘ x ResmHDEms : 1;, VERS‘E Shaikh Mimuddinslo.@ Kannu, Slo Shaikh Karimuddinyresem addresy‘n VNEH'AMJCANIS “1/ J front of Majar GaliNaudahamraPS‘ CG. g) . 3)_ Maudahaparam§bRaipur M.R.Karimuddin,Rlo PaikmamPD and P5.- Eihawapimt—Dhamatati CG. 111a New India India Insutance Co. Ltd., Manager, ‘ f Through Divisionai Manager, Divisional omgg, Jail Road, Raipur CG. XI-HC 78 wwmm WWWVWwQN “Egg mm (Wu) 33% an W WT mim WMI¥WW %WW Wwm 8 J 31 -01-2005. shri S.C. Verma, counsel fo the appellants. Shri Anand KumarGupm, ounsel for respondent No.3/ Insurance Company. Heard. This appeal under Section 173 of the Motor Vehicle Act, 1988 has laimants for enhancement of the quantum of award passed by the! arned Claims Tribunal. ln this case. the rash and n gligence on the part of the respondents ‘ ’is not in dispute. Learned counsel for the pa ies submit that an award of Rs.50,000/- was passed in favour of the appe lants. However, during the pendency of the present appeal a compromise has been arrived at by the parties and an additional amount of Rs.50,0 0/- has been agreed to be paid to the appellants/claimants. A docum to this effect has also been filed. lt is also agreed by both the parties th tthe amount due shall be paid within a period of two months from today ai d in view of the aforesaid compromise, the appellants do not want to pros ute the appeal. We have gone through th i records. The enhanced figure worked out on compromise appears to bej st and proper. In this view of the matter it is directed that the appellants/claimants shall get total sum of R51 000 /- as compensation and therefore the award passed by the learned Cl! Ims Tribunal Is modifed to the extent Division Bench ‘ HON’BLE SHRI FAKHRUDDIN C J . HON’BLE SHRI SUNIL KUMA SINHA been preferred by the appella // s C e 5‘ LA,A.,AM,JA¢—w XI»HC-78 ‘VM Amo. 63ilLm3' mza 3W W (Wm 0 WWW mm h7" ‘ WMfif—‘afrgrx agairaqa§$ w indicated above‘ ln other words the appeilant would get a sum of Rs.50,000/- over and above what has been already awarded by the Iearned Claimé Tribunaj. It is made dear that if the amount due is not paid to the appenants as per the comp omise arrived at by the parties within a period of two months from today,t e appellants shall be entitled to charge direction in relation to apportionm apply to the enhanced amount. interest @ 9% per annum from the eaid date till its realization, The nt, if any. given in the award shall also Thus, the appeal stands disposed of in terms of compromise arrived at by the parties. We, however, very much appreciate the efforts made by learned counsel for the parties. Counsel‘s fee as per rules. Ws ‘\ I i l , l sw- Sd/— j Sunil Kumar Sinha l Judge/ I Faklfruddin {Lx Acting ChiefJustice 7 7‘ x1 H / \ ' subbu' ”