IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR GSMO& 2-^j MISC.APPEAL N0.' OF 2006 APPELLANTS Claimants ^^ ^/ .1 S/o Dhanesh Kuamr, Late Shri Anjora Kaushik, aged about 21 years, Mst. Sumitra Bai, wife of Late Shri Anjora Kaushik, aged about 42 years, Both are .. R/o Village- Bamhani, Police Station, Tahsil and Distt. Kabirdham (C.G.) VERSUS RESPONDENTS Non-applicants T^ 1. ^ 2.. Ajay Tiwari, S/o Shri R.K.Tiwari, aged about 30 years, H.n. No. 95, FCI Colony, Changorabhata, Raipur, Tahsil and Distt.Raipur (C.G.) Pradeep Kumar, S/o Samundradev, Caste-Gond, aged about 28 years, R/o Ramkund Uchala, Talab Raipur, Police Station Saraswati Nagar, Tahsil and Distt. Raipur (C.G.) (Vehicle Tata 207 No. C.G. 04/G. 80/72 Driver) 3j2_ Nation'al Insurance Company ^ 'Limited, Navin Bazar Phool 4. chowk G.E. Road Raipur (C.G.) Smt. Saroj Bai, wife of Shri Dilip Kaushik, aged abay't 24 years, through: Ajit Aalu Bhandar Sanichari Bazar Bilaspur, Tahsil and Distt. Bilaspur (C.G.) 5. Smt. Sulochna Bai, wife of Shri Ashok Kumar .Kaushik, aged about 20 years, R/o Village-Lasatola, Police Station and Tahsil and District Kabirdham (C.G.) ^ MEMO OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT,1988 HIGH COURT OF CHHATTISGARH : BILASPUR (LOKADALATl Appellants : MISCELLANEOUS APPEAL N0. 725 OF Dhanesh Kumar & Another Versus Ajay Tiwari & others Respondents: (Arisina out of Claim Case No. 64 of 20051 6-1-2007 Shri Rakesh Pandey, counsel for the appellants. None for respondents No.1 & 2. Shri S. Das, Assistant Manager, National Insurance Company Limited with Shri Deepak Gupta, counsel for respondent No.3. None for respondents No.4 & 5. In terms of compromise, award is passed as below:- 1) In addition to compensation already awarded by the Tribunal, respondent No.3 shall pay Rs.50,000/- (Rupees Fifty Thousand Only) to the appellants and respondents No.4 & 5. 2) For disbursement and deposit in FDR, the direction and ratio adopted bythe Tribunal, ifany, shall follow. 3) The amount, if any, kept in deposit with Bank shall be payable under the orders of Tribunal in accordance with law. 4) Appellants and respondents No.4 & 5 shall be entitled to receive interest on the amount so deposited, if any. 5) In view of the above, appeal against respondents No.1 & 2 stands dismissed. 6) Out of the above amount, Rs.500/- (Rupees Five Hundred Only) shall be paid to counsel for the appellants directly by the Insurance Company towards counsel fee. 7) If the amount awarded is not deposited within a period of one month.the Insurance Company shall be liable to pay interest at the rate of 9% per annum thereafter. 8) Co^oHhe^ward^hall be given to the parties free of cost. SdA --~ .._sdA -^ Justice Vijay Kumar Shrivastava Member - Lok Adalat 'eA''o-~) High Court of Chhattisgarh Bilaspur High Court of Chhattisgarh Bilaspur Gowri